Display image

BAMS terms and conditions and privacy collection notice

Please read these Terms carefully before using the VBA Building Activity Management System  (BAMS).

“Terms” means these terms and conditions in their entirety, and includes any other documents, terms or conditions included by reference, whether such terms or conditions are published by the VBA or a third party.

These Terms apply to all visitors, users and others who access or use BAMS, and any person or body corporate that authorises another person to access or use BAMS on their behalf.

By accessing or using any part of BAMS or authorising any person to access or use BAMS on your behalf, you are agreeing to be bound by these Terms, our Privacy Policy and all other notices and policies posted by Us on BAMS.

If you disagree with any part of the Terms, do not access or use BAMS, or authorise any person to access or use BAMS on your behalf.

We may make changes to these Terms from time to time. We will use reasonable endeavours to inform You of any changes to the Terms, which may include publishing notices on BAMS and/or writing to you by email or post. It is your responsibility to review any notices published on BAMS and to ensure that the email address and other contact details associated with Your registered account remain current. If you access or use BAMS or authorise any person to access or use BAMS after We have changed any of the Terms, you are agreeing to be bound by the Terms as changed.

1. Definitions

BAMS means the Building Activity Management System, an online portal accessed via BAMS.

Building Act means the Building Act 1993 (Vic).

Confidential Information means any technical, scientific, commercial, financial or other information or data of, about, or in any way related to, the VBA, its employees, agents, contractors or business, whether or not in a material form, which is disclosed, made available, communicated or delivered to You or to Your employees, agents, or sub-contractor/s in connection with these Terms including, but not limited to:

  1. any information designated by the VBA as confidential;
  2. any intellectual property of the VBA;
  3. the financial position or reputation of the VBA;
  4. the internal management and structure of the VBA;
  5. the personnel, policies and strategies of the VBA;
  6. details pertaining to the VBA’s clients or suppliers;
  7. Personal Information; and
  8. any information of the VBA that has any actual or potential commercial value to the VBA or to the person or corporation which supplied that information to the VBA or which is in the nature of confidential information,

but excludes information which:

  1. is in or subsequently enters the public domain other than as a result of:
    1. a breach of these Terms or any other confidentiality obligations owed to the VBA by Your, Your employees, agents or sub-contractors; or
    2. disclosure by a third party, if You know or reasonably ought to have known that such information is disclosed by the third party in breach of that party’s confidentiality obligations to the VBA;
  2. You can demonstrate through contemporaneous written evidence was:
    1. in Your possession prior to the date of Your access to or use of BAMS; or
    2. independently developed by You;
  3. is lawfully obtained by You from another person entitled to disclose such information; or
  4. is disclosed pursuant to a legal requirement or court order, but only to the extent the disclosure of the confidential information is necessary to comply with the Law or court order (as the case may be).

Employee means employee, servant, agent, contractor or affiliate.

Intellectual Property Rights means all present and future copyright and related rights, all proprietary rights in relation to inventions (including patents), registered and unregistered trademarks, confidential information (including trade secrets and know how), registered designs, circuit layouts, and all other proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

IPP means the Information Privacy Principles set out in Schedule 1 of the Privacy Act.

Laws means all relevant Acts of the parliaments of Australia and the states, and all regulations, by-laws, awards and orders made thereunder, and the lawful requirements of public, municipal and other competent authorities in any way affecting or applicable to BAMS.

Loss means any and all costs (including legal costs and expenses on a full indemnity basis), fees, expenses, losses, damages, taxes, outgoings, claims, liabilities, causes of action, proceedings, awards and judgements howsoever arising.

Personal Information has the same meaning as it has under the Privacy Act.

Privacy Act means the Privacy and Data Protection Act 2014 (Vic).

Privacy Laws means:

  1. the Privacy Act;
  2. the IPPs; and
  3. the VBA's “Privacy Policy”, as amended from time to time.

Prohibited Use has the meaning given to it in clause 5 of these Terms.

Registered Building Surveyor means a person or body corporate duly registered as a building practitioner in the category or class of building surveyor in accordance with Part 11 of the Building Act.

User means a person authorised to access and use BAMS via a registered account.

We, Our, Us or VBA means the Victorian Building Authority (ABN 78 790 711 883), being a body corporate established under Building Act, of 733 Bourke Street, Docklands, Victoria 3008.

You or Your means the individual accessing or using BAMS, and any person or body corporate who has authorised another person to access or use BAMS on their behalf.

2. Interpretation

In these Terms, unless the context otherwise requires:

  1. words in the singular include the plural and vice versa;
  2. where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase shall have corresponding meanings;
  3. the word 'includes' should be read as if it were immediately followed by the words ‘without limitation’;
  4. no rule of construction will apply to a clause to the disadvantage of a party merely because that party put forward the clause or would otherwise benefit from it;
  5. any direction, approval, or requirement given or to be given by the VBA pursuant to these Terms, may be given or withheld at the VBA’s absolute discretion or granted subject to such conditions as the VBA (in its absolute discretion) sees fit;
  6. headings are included for convenience only and do not affect the interpretation of these Terms;
  7. a reference to:
    1. each party includes the successor or successors of that party, whether such succession is due to reconstruction, amalgamation, or merger with another and includes an administrator, liquidator, trustee in bankruptcy, executor or permitted assign;
    2. any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced from time to time; and
    3. a clause, schedule or appendix is a reference to a clause, schedule or appendix of these Terms and each of them forms part of these Terms.

3. Registration of Users

Only Registered Building Surveyors and their Employees, and such other persons or groups of persons as authorised by the VBA from time to time, may be registered to access and use BAMS.

You may not use a third party’s account without permission.

4. Permitted Use

You have the VBA’s permission to access and use BAMS, but only if:

  1. You are a duly registered User;
  2. You use BAMS solely for:
    1. applying for Building Permit Numbers, including updating and reviewing applications;
    2. paying Building Permit Levies;
    3. reporting information relating to building permits as required under the Building Act and regulations made under the Building Act;
    4. contacting Us;
    5. updating the details of Your account; or
    6. any other use authorised by the VBA in writing from time to time;
  3. You do not use BAMS for any Prohibited Use; and
  4. You follow all the rules and restrictions set out in these Terms or elsewhere on BAMS, including any terms and conditions of third parties which are published on or linked to in BAMS.

5. Prohibited Use

You must not:

  1. copy, reproduce, modify, alter, reverse engineer or disassemble BAMS or any part of BAMS;
  2. make BAMS or any part of BAMS available to another person including distributing, transmitting, broadcasting, selling, leasing or renting BAMS or any part of BAMS;
  3. scrape, data extract or data mine, or any related activity, from BAMS or any part of BAMS;
  4. interfere with or disrupt the integrity or performance of BAMS or any data contained therein;
  5. use BAMS to store or transmit malicious code or malware, or to engage in phishing or other fraudulent activity;
  6. use BAMS to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the Privacy Act;
  7. attempt to gain unauthorized access to BAMS;
  8. impersonate any other person;
  9. falsely say or imply that You are associated with Us, another person or entity;
  10. use BAMS in connection with unsolicited commercial messages;
  11. violate any antispam or similar law; or
  12. submit or link to any content that:
    1. infringes or violates the Intellectual Property Rights or other rights of any person or entity;
    2. intentionally interferes with the operation of BAMS;
    3. violates anyone’s privacy or publicity rights;
    4. breaches any duty of confidentiality that You owe to anyone;
    5. provides any non-public information about Us or any other company or person without authorisation (including the names and contact information for Our Employees;
    6. is, in Our sole discretion vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable; or that We reject for any other reason in Our sole discretion;
    7. contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; or
    8. contains false or deceptive language, unsubstantiated or comparative claims regarding Our or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits.

6. Security online

  1. You are responsible for Your account and everything that happens on Your account. This means you need to be careful with your password. If You find out that someone is using Your account without Your permission, You must let Us know immediately.
  2. You may not allow another person to use Your account or transfer Your account to someone else.
  3. We are not liable for any damages or losses caused by someone using Your account without Your permission. However, if We (or anyone else) suffer any damage due to the unauthorised use of Your account, You may be liable.
  4. Ensuring your browser is current with the latest patches applied will protect Your confidential information. Failing to do this may compromise the security of Your information, including credit card details, and result in You being unable to make payments through Our online system.
  5. We have policies and procedures in place to protect information that We have under Our control. However, You should be aware that there are inherent risks associated with transmitting information via the internet.
  6. While We strive to protect information, We cannot ensure or warrant the security of any information transmitted to Us online and individuals do so at their own risk.

7. Warranty disclaimer

  1. The VBA does not warrant, guarantee or make any representations regarding the currency, accuracy, correctness, reliability, usability, or any other aspect, of the material presented on BAMS, nor of material provided by others to the VBA and presented on BAMS, nor of material provided by others and accessed from BAMS using links or connections to their web sites or distribution services.
  2. The VBA makes no warranty that:
    1. BAMS will meet Your requirements;
    2. BAMS will be uninterrupted, timely, secure or error-free; or
    3. that there will be no errors in BAMS or that the VBA will fix any errors,
    except to the extent, if any, where such warranty may be implied by law and be incapable of exclusion by Us.
  3. You accept sole responsibility and all risk for using material presented on or accessed from BAMS. The VBA does not accept any liability for any loss or damage which may be incurred as a result of using BAMS or any material presented on or accessed from BAMS, including any damage caused to Your computer, hardware, software or data or for any bugs, viruses, Trojan horses or other destructive code resulting from use of BAMS or any material presented on or accessed from BAMS.

8. Intellectual Property Rights

  1. You warrant to the VBA that:
    1. You are entitled to use and deal with any Intellectual Property Rights which may be used by You in connection with Your access or use of BAMS; and
    2. Your access and use of BAMS will not infringe any right of any third party (including any Intellectual Property Right) or any Laws.
  2. You indemnify and will at all times keep the VBA indemnified against any Loss arising out of or otherwise in connection with any breach or alleged breach by You of the Intellectual Property Rights of any third person, related to Your access to and use of BAMS.
  3. You acknowledge that You do not acquire any Intellectual Property Rights in database information provided to You through BAMS.

9. Use and security of Confidential Information

You must take all reasonable measures to secure the Confidential Information within Your control, and protect the Confidential Information at all times from access, use or misuse, damage or destruction, by any person not authorised by these Terms to have access to it.

10. Liability

  1. You must indemnify the VBA and its officers, employees, contractors and agents (“Indemnified Party”) against any Losses any Indemnified Party suffers as a direct or indirect result of any of the following:
    1. a breach of these Terms by You;
    2. any warranty given by You under these Terms being incorrect or misleading in any way; or
    3. any negligent act or failure to act, wilful misconduct or unlawful action by You or any of Your Employees,
    except to the extent that any such Losses are caused by the negligence or other wrongful act or omission of the VBA, its officers or employees.
  2. Any indemnity payment payable by You to an Indemnified Party under clause 10(a) shall be payable immediately upon demand.
  3. If any indemnity payment is made by You under this clause 10, You must also pay to the Indemnified Party an additional amount equal to any tax (including GST) which is payable by the Indemnified Party in respect of that indemnity payment.

11. Access to BAMS

  1. You must notify Us immediately in writing in circumstances where:
    1. You change Your registered business or company name;
    2. You alter Your legal status; or
    3. any order, resolution or step regarding insolvency or bankruptcy administration is made in relation to You.
  2. The VBA may immediately suspend or terminate your access to BAMS where:
    1. You are in breach of these Terms;
    2. any of the circumstances in clause 11(a) arise;
    3. any of the details You have provided for the purposes of registering an account to access and use BAMS are found to be misrepresentative; or
    4. You or any of Your Employees are guilty of fraud, dishonesty or any other serious misconduct.

12. Links to external websites

Where BAMS contains links to other websites operated by third parties, We are not responsible for the content and privacy practices of other websites, and any links to these other websites should not be interpreted as an endorsement of any company, content or products. We encourage you to examine each website’s terms and conditions and privacy policy.

13. Cookies

In order to improve BAMS, we may use cookies to track Your access and use of BAMS. A cookie is a small piece of data sent from a website and stored on the user's computer by the user's web browser to identify them as a visitor to that website. The cookie is recognised by the website each time the user visits. This information does not identify the user personally. Cookies are used in a variety of ways, for example to record when a user visited a particular section of BAMS, to establish what version of browsing software they are using, or to ensure online applications and transactions do not require a user to re-enter information when they move between web pages.

In this way, cookies can improve a website's operation and make the experience more efficient and personalised for each user. Importantly, in depositing information on a user's computer and referring to it later, whether in the same session or on a subsequent visit, there is no need to identify the user or record any personal information.

Generally, it is recommended that users set their browser to identify the presence of cookies, which also provides the option of accepting or rejecting them. Some parts of a website may not function fully if a user rejects cookies.

14. Google Analytics

We use Google Analytics to gather information about visitors to our sites to help improve our digital services. Google Analytics uses first-party cookies and JavaScript code to collect this information. It anonymously tracks how Our visitors interact with Our sites, including where they came from and what they did on the site.

Non-personal data is collected for statistical purposes and includes:

  • Server addresses, ISP and top-level domain names.
  • The time, date and duration of site visits.
  • The pages accessed.
  • Any documents that were downloaded.
  • The type of browser used, screen size and operating system.
  • The type of device You are using.
  • The address of the last site You visited.

You can read Google Analytics Privacy Policy. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

15. Relationship of parties

These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between You and Us. You may not assign Your rights or obligations under these Terms, whether by operation of Law or otherwise, without Our prior written consent.

16. Variation

The VBA reserves the right to make changes to these Terms.

The VBA will use reasonable endeavours to inform You of any changes to these Terms, which may include publishing notices on BAMS and/or writing to you by email or post.

It is your responsibility to review any notices published on BAMS and to ensure that the email address and other contact details associated with Your registered account remain current.

We also suggest that you review these Terms from time to time.

You will be bound by the most current Terms every time You access or use BAMS, therefore We suggest that You periodically review these Terms for any changes.

No modification, amendment, or waiver of any provision of these Terms shall be effective unless it is by way of a change to these Terms that we make available on BAMS, or is in writing and signed by the VBA.

17. Entire understanding

Except as expressly stated in these Terms, these Terms constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter of these Terms.

18. Severability

Any provision of these Terms which is invalid or unenforceable is to be read down, if possible, so as to be valid and enforceable, and, if that is not possible, the provision shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.

19. Governing law and jurisdiction

These Terms are governed by, and to be construed in accordance with, the Laws applicable in Victoria.