MyOrg – Terms of Use

1. Introduction

1.1 About MyOrg

1.1.1 MyOrg is an online channel for organisations that have been appointed as Nominated Representative Organisations of clients of the Department of Veterans’ Affairs (DVA). 

1.1.2 MyOrg allows Nominated Representative Organisations, through their Authorised Personnel, to view and action DVA client records in MyService in accordance with the authority given to them by DVA clients. 

1.1.3 Access to MyOrg is through Provider Digital Access (PRODA). PRODA is an online identity verification and authentication system that lets providers access government online services. PRODA is maintained and administered by Services Australia on behalf of the Australian Government. 

1.2 About these terms of use

1.2.1 These Terms of Use govern your use of MyOrg:

• We refer to DVA as “we”, “our” or “us” in these Terms of Use.
• If you do not agree to these Terms of Use, you cannot use MyOrg.
• We agree to provide you with access to MyOrg in accordance with these Terms of Use.
• We may change or add to these Terms of Use at any time. The new Terms of Use will replace the previous terms. 

2. Your responsibilities

2.1 Comply with PRODA terms and conditions

2.1.1 In addition to these Terms of Use, you agree to comply with the PRODA Terms and Conditions available on the Services Australia website, when you use PRODA to access MyOrg.

2.2 Provide accurate and up to date information

2.2.1 You must ensure that all information you provide, and representations you make to us, are true, complete and accurate.

2.2.2 You must keep your information up to date at all times. 

2.2.3 You agree to only use MyOrg in accordance with:

• the permissions granted to the Business Role assigned to you (see Table 1 at clause 4.2); and
• the authority of the Nominated Representative Organisation for each DVA client. 

2.2.4 You must ensure that you have appropriate authority and consent for all claims, forms and other information you submit to us using MyOrg or MyService. 

2.2.5 If you are a Delegate or Personnel, you must immediately inform the Authorised Responsible Officer or Administrator (see Table 1 at clause 4.2) if:

• the Business Role assigned to you or another person is incorrect; or
• if you become aware of, or suspect, any activity by you or another person exceeds the authority provided to the Nominated Representative Organisation in the representative arrangements. 

2.2.6 You must not use another person’s account to access MyOrg or MyService.

2.2.7 If you are the Authorised Responsible Officer, you have additional responsibilities as set out in these Terms of Use. 

2.2.8 If you are no longer authorised to access MyOrg or act on behalf of DVA clients, you must not access and use MyOrg. For example, if you are no longer employed by the Nominated Representative Organisation. 

2.3 Keep your account secure

2.3.1 You must: 

• keep your PRODA account secure, in accordance with the PRODA Terms and Conditions;
• take all necessary precautions to prevent loss, disclosure, modification, or unauthorised use of any material you access on MyOrg or MyService.

2.3.2 You must not permit any other person to use or access your MyOrg account, or MyService through your MyOrg account.

2.3.3 You will be responsible for all access to, and use of, MyOrg undertaken on your device(s) accessed using your MyOrg account.

2.3.4 You agree to comply with any security requirements or instructions we provide to you.

2.4 Monitor your inbox

2.4.1 It is your responsibility to read all messages in your MyOrg inbox in a timely manner. 

2.5 Notify us of issues

2.5.1 You agree to immediately notify us in writing:

• if you become aware of or suspect that your PRODA account or MyOrg account has been compromised in any way, including if any material on MyOrg or MyService has been lost, stolen or compromised;
• if you become aware of or suspect that an unauthorised person has accessed MyOrg;
• if you become aware of or suspect any identity theft, impersonation or any other fraudulent activity in connection with MyOrg; or
• if you have access to or receive any materials or information on MyOrg or MyService which you should not have access to.

2.6 Do not misuse MyOrg

2.6.1 You must not do any of the following when you use MyOrg:

• participate in any illegal or fraudulent activity;
• disrupt MyOrg in a way that infringes a person's rights or prevents them from using MyOrg;
• disrupt MyOrg in any way that may harass, cause distress or inconvenience others;
• post or send unlawful, defamatory, offensive or scandalous material; or
• post or send material that breaks, or encourages breaking, the law.

2.7 Do not monitor or copy MyOrg

2.7.1 You are not allowed to use any software such as bots or scraper tools to access, monitor or copy MyOrg, MyService or their contents. 

3. How to register an organisation 

3.1 This part applies to you if you are the Authorised Responsible Officer of a Nominated Representative Organisation.

3.2 By registering a Nominated Representative Organisation with MyOrg, you represent and warrant that:

• you have authority to represent and bind the Nominated Representative Organisation; and
• the Nominated Representative Organisation has current and lawfully obtained representative arrangements with DVA client(s) in place (or, if not, that they reasonably expect to have these in place shortly after registration).

3.3 To register with MyOrg, the Nominated Representative Organisation must have:

• a PRODA account; and
• an ABN.

3.4 You may register the Nominated Representative Organisation in MyOrg by providing:

• the name of the organisation (as listed on the Australian Business Register);
• the registered email address of the organisation; and
• the ABN of the organisation.

3.5 We reserve the right to request further information if required and may assess and reject your registration request in our absolute discretion. 

3.6 MyOrg has a two layered structure based on a single ‘parent’ organisation and one or more sub-organisations within the parent Nominated Representative Organisation. The Authorised Responsible Officer must ensure that at all times there is an:

• Authorised Responsible Officer for the parent Nominated Representative Organisation; and
• Administrator for each sub-organisation.

3.7 If you are the Authorised Responsible Officer, you agree in that capacity that the Nominated Representative Organisation:

• agrees to these Terms of Use; and
• agrees it is legally responsible for all sub-organisations, and acts and omissions of the Authorised Responsible Officer and all Authorised Personnel.

4. Business Roles in MyOrg and Authority

4.1 If you are the Authorised Responsible Officer, you may create user accounts for personnel and assign them the roles of Administrator, Delegate or Personnel for your Nominated Representative Organisation so that they are able to access MyOrg and undertake the role assigned to them (Authorised Personnel).

4.2 To provide these personnel access to MyOrg, the Authorised Responsible Officer must:

• create user accounts for Authorised Personnel so that they are able to sign in via PRODA to access MyOrg and undertake the role assigned to them – each user will be required to accept and comply with the PRODA Terms and Conditions, these Terms of Use and the MyService Terms of Use;
• supply the name, gender, date of birth, work email address and work telephone number (mobile and/or landline) for the Authorised Personnel; and
• assign the applicable Business Role for each Authorised Personnel, as per Table 1.

Table 1

4.3 If you are the Authorised Responsible Officer, you agree that you are responsible for: 

• managing access for Authorised Personnel including ensuring Business Roles assigned to Authorised Personnel reflect changes in the Nominated Representative Organisation’s structure and staffing. This includes ensuring that the accounts of individual users are deleted, or their permissions modified, immediately if:
  • they are no longer authorised to act on behalf of DVA clients;
  • they are no longer being employed by, or associated with, the Nominated Representative Organisation;
  • the Nominated Representative Organisation reasonably believes or suspects that the Authorised Personnel have not complied with these Terms of Use, the MyService Terms of Use, the PRODA Terms and Conditions or the authority granted to the Nominated Representative Organisation by the representative arrangements; and/or
  • if directed to do so by us.
• promptly notifying us in writing on behalf of the Nominated Representative Organisation of any non-compliance with these Terms of Use (including, for the avoidance of doubt, any matters raised by Authorised Personnel in accordance with clauses 2.2.6 and 2.5.1 of these Terms of Use), and advise of any remediation action taken to address the non-compliance and prevent future non-compliances;
• ensuring that all contact details for both the parent Nominated Representative Organisation and its sub-organisations are kept up to date in MyOrg; and
• ensuring that the Nominated Representative Organisation has appropriate business, privacy and security controls in place to ensure that all access to and use of MyOrg is appropriately authorised and consistent with these Terms of Use.
   

5. Acting on behalf of DVA clients

5.1 You must only use MyOrg in accordance with the authority granted to the Nominated Representative Organisation by the DVA client in their representative arrangements. These are:

• Permission to enquire;
• Permission to act – all DVA matters;
• Permission to act – Health matters only; or
• Permission to receive payments.

5.2 If you have authority to manage access for Authorised Personnel, you are responsible for assigning the authority to act for DVA clients to Authorised Personnel in MyOrg. The authority must be consistent with the Nominated Representative Organisation’s representative arrangements. You must ensure that the authority assigned to Authorised Personnel is correct, and up to date, in MyOrg at all times.

5.3 You understand:

• when you access a client record through MyOrg, you will be operating that record in MyService ‘as though you are the client’;
• in your capacity as a representative of the Nominated Representative Organisation of a DVA client, you may be required to provide information (including Personal Information) of the DVA client to DVA through MyService that is required to assess the DVA client’s eligibility for benefits under acts administered by DVA; and
• if you do not provide the information, DVA will not be able to assess the DVA client’s eligibility or entitlement for a payment or service via MyService.

6. Use of your Personal Information

6.1 To access MyOrg, you agree to provide your PRODA RA Number, full name, date of birth and gender to us. 

6.2 Your PRODA RA Number, full name, date of birth, gender and registered email address, and/or the Nominated Representative Organisation's name, ABN and PRODA RA Number, may be provided to Services Australia for the purposes of administering MyOrg. 

6.3 If you are responsible for registering Authorised Personnel of the Nominated Representative Organisation, you must obtain their consent to use and disclose their PRODA RA Number, full name, date of birth and gender to us and Services Australia for the purposes of accessing and using MyOrg.

6.4 When you use MyOrg, you may be asked for your permission to access certain hardware or software features of your compatible device for the purpose of the functions. If you consent to the use of those features, we will not have access to any other features or Personal Information on your device.

6.5 You understand and agree that we may collect, use and disclose your Personal Information and the Personal Information of other persons (including DVA clients) which you supply in connection with MyOrg, for the purposes of MyOrg, My Service and related programs and services provided by DVA and/or Services Australia. How we do so is set out in the MyService Privacy Collection Notice and DVA privacy policy.

7. MyOrg availability

7.1 MyOrg is provided on an "as is" and "as available" basis. We cannot guarantee the availability of MyOrg. 

7.2 MyOrg access and functionality depends on many external factors including the compatibility of your device, whether you give us permission to access certain software and hardware features, and availability of telecommunications and internet services.

7.3 We do not give any warranty of any kind (express or implied) in relation to:

• the availability, performance or security of MyOrg;
• MyOrg being fit for a particular purpose or error free; and
• the availability, accuracy, completeness or correctness of any information in MyOrg or MyService.

7.4 To the full extent permitted by law, all statutory warranties are excluded.

7.5 We may from time to time change our technical requirements for MyOrg without notice.

7.6 We may monitor your access to MyOrg and audit activity on MyOrg at any time and for any reason. 

8. Restriction, suspension and termination of access

8.1 We may restrict, suspend or terminate your access to MyOrg and/or MyService, or any part of MyOrg or MyService, at any time and for any reason. This includes:

• because we believe or suspect that you, or the Nominated Representative Organisation, has breached these Terms of Use, the PRODA Terms and Conditions or MyService Terms of Use;
• if applicable Nominated Representative Organisation’s representative arrangements end or change;
• because we believe or suspect any non-compliance with Nominated Representative Organisation’s representative arrangements by you or the Nominated Representative Organisation;
• because we believe or suspect that your MyOrg account or an account associated with the Nominated Representative Organisation, has been used for unauthorised purposes;
• because you, or the Nominated Representative Organisation, is no longer eligible to access MyOrg;
• because Services Australia has requested us to do so; or
• for any other reason in our absolute discretion.

8.2 We do not have to give you notice of any restriction, suspension or termination. We do not have to give reasons.

8.3 If your access to MyOrg is terminated, your obligations under these Terms of Use will continue in respect of any use of MyOrg and MyService before termination.

9. Liability

9.1 To the maximum extent permitted by law, we (and our employees and agents) exclude any and all liability we (or they) may have at law, including in contract, tort (including negligence), under statute or otherwise, to you or anyone acting on your behalf for any claims, costs, losses, liabilities, expenses or damage ("Losses"), whether direct, indirect or consequential loss, arising from or in connection with:

• your access to, use of or dealings in MyOrg or MyService;
• your failure to comply with these Terms of Use, the PRODA Terms and Conditions and/or the MyService Terms of Use;
• our restriction, suspension or termination of your access to MyOrg or MyService;
• any corruption, attack, interference, harmful code or other security intrusion; or
• the performance or availability of MyOrg or MyService.

9.2 You agree to indemnify, defend, and hold us harmless for any liability incurred by, or claims asserted against, us.

10. General Conditions

10.1 We give you a non-transferable, non-exclusive, revocable licence to use MyOrg. Nothing in these Terms of Use affect the ownership of any intellectual property used as part of, or in connection with, MyOrg. When using MyOrg, you must not infringe any third party's intellectual property rights or moral rights. 

10.2 These Terms of Use constitute the entire agreement between the parties.

10.3 If any part of these Terms of Use is illegal or unenforceable, that part will be severed from these Terms of Use and the remaining parts will continue in force.

10.4 The laws of the Australian Capital Territory, Australia apply to these Terms of Use.

11. Contact Information

11.1 If you have any questions about these Terms of Use, need further information or need to notify us of any issues, please contact DVA.Online.Services.Support@dva.gov.au.

12. Definitions and Interpretation

12.1 In these Terms of Use, a reference to:

Authorised Responsible Officer means the ‘Authorised Responsible Officer’ for the purposes of the PRODA Terms and Conditions. 

Authorised Personnel has the meaning given in clause 4.1;

ABN means Australian Business Number;

Administrator means the person assigned the Business Role titled ‘Administrator’ in Table 1 at clause 4.2;

Business Role refers to the roles described in Table 1 at clause 4.2;

Delegate means a person assigned the Business Role titled ‘Delegate’ in Table 1 at clause 4.2;

DVA means the Department of Veterans’ Affairs;

MyService Terms of Use means the terms of use which apply to MyService, as amended from time to time;

Nominated Representative Organisation means an organisation which has been formally appointed by a DVA client to enquire or act on their behalf when dealing with DVA, via DVA Form D9325 – Appointing a third party to represent a DVA client;

Personal Information has the same meaning as under section 6(1) of the Privacy Act 1988 (Cth) which is, information or an opinion about an identified individual, or an individual who is reasonably identifiable:

• whether the information or opinion is true or not; and
• whether the information or opinion is recorded in a material form or not;

Personnel means a person assigned the Business Role titled ‘Personnel’ in Table 1 at clause 4.2;

PRODA means the Provider Digital Access portal, administered by Services Australia on behalf of the Australian Government;

PRODA Registration Authority (RA) Number means the unique identification number assigned to each individual or organisation by PRODA;

PRODA Terms and Conditions means the terms and conditions which apply to PRODA, as amended from time to time;

Terms of Use means these terms set out in clauses 1 to 13, as amended from time to time;

12.2 In these Terms of Use:

• headings are for convenience only, and do not affect interpretation;
• a singular word includes the plural, and vice versa;
• a reference to a clause is to a clause in these Terms of Use; and
• the meaning of general words is not limited by specific examples introduced by "including", "for example" or similar expressions.

13. Declaration

13.1 By agreeing to these Terms of Use, you declare that:

• you have read and understood the Terms of Use; and
• you are the individual that you assert to be and you are authorised to access and use MyOrg.