Last updated January 2023

Use of and access to the Victorian Chamber of Commerce and Industry (“VCCI”) ChamberCertify module in the MyPortal website constitutes your acceptance of these Terms of Use and our Privacy Policy.

1. Overview

1.1 The Victorian Chamber of Commerce and Industry ABN 37 650 959 904 (“VCCI, we, us”) is a not-for-profit business organisation in Victoria, informing and supporting its members and clients across Victoria.

1.2 VCCI is authorised by the Australian Chamber of Commerce and Industry ABN 85 008 391 795 (“ACCI”) to issue documentary evidence of origin for goods exported from Australia, as an agent for ACCI.

1.3 These terms and conditions apply if You are using VCCI’s online platform and content made available through the online platform (collectively “ChamberCertify Platform”).

1.4 By using the ChamberCertify Platform, You agree to be bound by these terms and conditions of use relating to the ChamberCertify Platform (“ChamberCertify Terms”). Further, ongoing use of the ChamberCertify Platform (including remaining logged in on a device) constitutes continued acceptance of these ChamberCertify Terms.

1.5 If you are an individual who is using the ChamberCertify Platform on behalf of a company, partnership, unincorporated association or other legal body, you represent and warrant that you have the authority to act on behalf of the relevant legal entity or body. That legal entity or body must ensure that any individual acting or purporting to act on its behalf or using its access credentials complies with the ChamberCertify Terms.

1.6 These ChamberCertify Terms, together with our Privacy Policy (https://www.victorianchamber.com.au/legal/privacy-policy), VCCI Terms and Conditions, (https://www.victorianchamber.com.au/legal/vcci-terms-and-conditions), Website Terms of Use (https://www.victorianchamber.com.au/legal/website-terms-of-use) and any other webpages on our website relating to Documentary Evidence of Origin, constitute the entire agreement between us and You relating to the ChamberCertify Platform.

2. Use of the ChamberCertify Platform

2.1 Account and registration

        (a) To use the ChamberCertify Platform, You must first register for an account with VCCI.

2.2 Licence

Subject to Your ongoing compliance with these ChamberCertify Terms, VCCI grants You a limited, non-transferable licence to access and use the ChamberCertify Platform to:

       (a) register as a VCCI exporter;

       (b) complete and submit documentation for Documentary Evidence of Origin;

       (c) receive Documentary Evidence of Origin (where Your application is successful); and

       (d) make payments in connection with Your application.

2.3 Your obligations when using the ChamberCertify Platform

You must:

       (a) only use the ChamberCertify Platform for the purposes described in clause 2 of these ChamberCertify Terms;

       (b) not resell or sublicense your rights to use the ChamberCertify Platform or copy, modify, reverse engineer, distribute or exploit any part of the ChamberCertify Platform;

       (c) keep Your password confidential and secure and immediately inform VCCI if You know or suspect unauthorised use of Your password or if You know or suspect another person may know Your password;

      (d) ensure that any information You supply is not harmful, threatening, abusive, harassing, defamatory, vulgar, pornographic, offensive, indecent, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

       (e) not scrape data from the ChamberCertify Platform or use any code or device to retrieve, index, data mine or copy or circumvent the workings of the ChamberCertify Platform or its content;

       (f) not upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other harmful code; or

       (g) not interfere with, disrupt the operation of or otherwise misuse the ChamberCertify Platform.

2.4 ChamberCertify

       (a) You may use the ChamberCertify Platform to apply for Documentary Evidence of Origin. The ‘ChamberCertify’ section of the ChamberCertify Platform contains all global services offered by VCCI.

       (b) If You are seeking Documentary Evidence of Origin for the first time, You must register to be an exporter by submitting an ‘Exporter Information Form’ (Form CO 4, CO 4A or CO 4B, whichever is applicable), or such other form required by VCCI, available through the ChamberCertify Platform.

       (c) To facilitate the prompt issue of Documentary Evidence of Origin, the ChamberCertify Platform will add a signature to Your export documentation before lodgement. For this to work, You must ensure that Your signature (or Your authorised signatory’s signature) is uploaded to Your account. It is Your responsibility to maintain an up-to-date list of authorised signatories.

      (d) You must notify VCCI immediately if You discover any unauthorised use of Your password or account or any other breach of security.

2.5 Your obligations relating to your application and export activities

You must:

      (a) comply with all Laws and Regulations in connection with your application for any Documentary Evidence of Origin, your use of the ChamberCertify Platform and your export and import of goods;

       (b) supply all information and do other things as required by VCCI to process your application for Documentary Evidence or Origin;

       (c) ensure that:

            (i) all information You supply to us is complete and accurate and is not misleading or deceptive; and

            (ii) You have the rights to provide us with any information and so that your provision and our use of that information in connection with your application and the ChamberCertify Platform will not breach or infringe any Laws and Regulations including any Intellectual Property Rights or privacy Laws and Regulations; and

       (d) not represent or imply that You or your exports are endorsed by VCCI.

2.6 Important disclaimer for ChamberCertify

You acknowledge and agree that:

       (a) VCCI does not warrant or represent that the issue of any Documentary Evidence of Origin will entitle You to export goods to another country;

       (b) the type of documentary evidence accepted and the procedures to be followed for issuing documentary evidence varies from country to country and the customs administration of an importing country has the right to require procedures to be adopted to satisfy its local laws;

       (c) failure to provide properly completed documentary evidence can result in higher than necessary duties being paid, or in some cases, goods being refused entry to a country; and

      (d) You are responsible for supplying the documentary evidence required and in the appropriate form so that it will be readily accepted by the importing country.

2.7 VCCI’s obligations and limitations to VCCI’s obligations

       (a) VCCI will use reasonable endeavours to make the ChamberCertify Platform available for access via the Internet.

       (b) VCCI does not warrant that Your use of the ChamberCertify Platform will be uninterrupted or error free and You acknowledge and agree that there will be times when the ChamberCertify Platform is unavailable, including for maintenance.

3. Your application for Documentary Evidence of Origin

3.1 General

You acknowledge that detailed Laws and Regulations apply to you application for Documentary Evidence of Origin. We summarise in this clause 3 some key principles that apply to the application process, but You acknowledge that this is not a complete list and that the Laws and Regulations may change from time to time. Further information on export documents is also set out on our website at https://www.victorianchamber.com.au/services/international-services/export-documents.

3.2 General process

       (a) Before issuing any Documentary Evidence of Origin, You acknowledge that VCCI must be satisfied that the goods referred to are in fact of Australian origin (or other country as specified). You must provide all documentary evidence requested by VCCI. Such documentary evidence may include without limitation all or any of the following documents:

             (i) a commercial invoice;

             (ii) any letter of credit on which a certificate of origin is sought;

             (iii) a bill of exchange;

             (iv) a Statutory Declaration;

             (v) a certificate of quality issued by an authorised authority such as the Department of Agriculture or Fisheries and Forestry;

             (vi) a signed copy of the bill of lading or air waybill which has been stamped by the shipping company or airline; and

             (vii) any other document requested by VCCI.

        (b) In addition to clause 3.2(a), VCCI is entitled to request that an independent person make physical inspection, at the cost of the Exporter, until VCCI is satisfied as to the correct origin.

       (c) If VCCI is not satisfied as to the origin of the goods, VCCI may, in its sole discretion, refuse to issue a Documentary Evidence of Origin. If Your application is rejected, VCCI will inform You of the reasons for rejection and if corrective action can be taken for the Documentary Evidence of Origin to be resubmitted with the correct information.

       (d) You may apply for a Documentary Evidence of Origin to be reissued if there is a substantial error or because of late changes to the terms of the export contract.

       (e) VCCI is entitled to withdraw or cancel any Documentary Evidence of Origin should information come to light which may impair or compromise the claim for origin and/or VCCI’s attestation of said origin. This includes (without limitation) Certificates of Origin that have been issued prior to the discovery of information which affects the origin claim and attestation.

       (f) Where You utilise the services of a Freight Forwarder, You acknowledge and agree that You are authorising the Freight Forwarder to act as Your agent, which may include but not be limited to, accessing Your account and lodging Documentary Evidence of Origin on Your behalf.

3.3. Third Country Trading

       (a) If You apply for a Certificate of Origin for the direct shipment of goods from a second country to a third country (i.e., the goods will not transit Australia), the following documents must be submitted with the application:

Either:

             (i) a Certificate of Origin for the goods issued by an authorised organisation in the supplier’s country;

Or:

             (ii) letter of credit from the buyer/importer to the Australian beneficiary (for L/C transactions); or

             (iii) supplier’s commercial invoice and Declaration of Origin; and

             (iv) a copy of a signed bill of lading / airway bill from the supplier’s country; and

             (v) any other documents as VCCI deems necessary (such as a manufacturer’s certificate).

       (b) Wherever possible, original supporting documents must be submitted. However, if original documents are unavailable, photocopies/faxed copies or scans of the originals must be submitted, provided they are clear and marked “Certified True Copy”, sign and stamped with the [company’s] official seal.

       (c) Upon receipt of satisfactory supporting documentation, VCCI may, at its sole discretion, issue a Certified Declaration of Origin.

4. Fees

4.1 General

       (a) VCCI’s fees for an application for a Documentary Evidence of Origin are available via our website (https://www.victorianchamber.com.au/services/international-services/export-documents/online-export-documentation). Unless otherwise advised in writing by VCCI, You must pay fees for each application for a Documentary Evidence of Origin, for each re-submission of an application and for each request to reissue a Documentary Evidence of Origin. You acknowledge that the ACCI has the right to determine the fees charged by VCCI and agree that VCCI’s fees may be subject to change to comply with changes required by ACCI.

       (b) You must pay all fees in advance using a VCCI accepted payment card, unless VCCI agrees to charge you monthly in arrears.

       (c) If VCCI permits You to pay the fees monthly in arrears, You must pay the fees within 14 days following receipt of VCCI’s invoice. VCCI is entitled to debit your account, where you have set up a direct debit arrangement with VCCI. VCCI may at any time withdraw its agreement to payment of fees monthly in arrears and require You to pay in advance.

       (d) If You do not pay VCCI on time, we may charge You late interest, calculated on a daily basis on any overdue amount, at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 (Vic).

4.2 GST

       (a) Unless otherwise stated, all fees payable to VCCI and all supplies provided by VCCI under or in connection with these ChamberCertify Terms are exclusive of GST.

       (b) If VCCI makes a taxable supply under or in connection with these ChamberCertify Terms, then You must also pay, in addition to the consideration for that supply, the amount of GST payable in respect of the taxable supply at the time the consideration for the taxable supply is payable.

4.3 No refunds

       (a) Fees for Documentary Evidence of Origin are non-refundable.

5. Intellectual Property

5.1 Nothing in these ChamberCertify Terms transfers any Intellectual Property Rights of VCCI or its licensees to You including in or relating to the ChamberCertify Platform.

5.2 You shall not distribute or otherwise use any advertisement, signage or press release or any other marketing material produced in relation to its products or services referring to VCCI or including any the VCCI Trademarks without obtaining the prior written approval of VCCI, with such approval not to be unreasonably withheld. You shall not make any improper use of VCCI Trademarks and must comply with all directions of VCCI in relation to the VCCI Trademarks.

6. Warranties and liability

6.1 To the extent permitted by law and subject to clause 6.2, VCCI excludes all representation, conditions, warranties, guarantees and other assurances that are implied or imposed by Laws and Regulations in respect of the ChamberCertify Platform.

6.2 If You are a consumer under Australian Consumer Law, You are entitled to consumer guarantees, and nothing in these ChamberCertify Terms excludes or limits VCCI’s liability to You under a consumer guarantee under Australia Consumer Law, except as set out in this clause 6.3.

6.3 To the extent permitted by law, our liability under a consumer guarantee howsoever caused (including negligence), is limited at our election:

       (a) to re-supplying the services or paying the cost of having the services supplied again,

except that this limitation does not apply to a breach of consumer guarantees relating to clear title, undisclosed securities and undisturbed possession under sections 51 to 53 of the Australian Consumer Law

6.4 To the maximum extent permitted by law and subject to clauses 6.2 and 6.3:

   (a) VCCI’s liability (whether arising in contract, tort (including negligence), or otherwise) in connection with any application for any Documentary Evidence of Origin is limited to the fee for that application, and in any event VCCI’s liability under or in connection with the ChamberCertify Terms (whether arising in contract, tort (including negligence), or otherwise) is limited in the aggregate for all or any claims to the fees paid or payable by You in the 12 months immediately prior to the events giving rise to the claim; and

       (b) VCCI excludes all liability (whether arising in contract, tort (including negligence), or otherwise) for any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, business interruption, loss of anticipated savings, and any indirect or consequential loss.

6.5 Nothing in this clause 6 excludes or limits VCCI’s liability for fraud.

6.6 You indemnify VCCI on demand for all liability, losses, damages, costs, and expenses incurred by VCCI:

       (a) in connection with any demand or claim by a Relevant Government Agency or any other regulator, governmental authority or competent authority against VCCI;

       (b) in connection with any liability of VCCI to a Relevant Government Agency or any other regulator, governmental authority or competent authority against VCCI,

arising in connection with your application for any Documentary Evidence of Origin, except to the extent caused or contributed by VCCI’s breach of these ChamberCertify Terms or negligent, reckless or wilful acts or omissions.

7. Suspension and termination

7.1 Suspension

       (a) VCCI may, acting reasonably, at any time, remove, disable or suspend your access to the ChamberCertify Platform for a reasonable period if VCCI considers that the ChamberCertify Platform has been used by You in a manner that breaches or is likely to violate any Laws and Regulations or is necessary to prevent fraud or for security purposes or for any breach of the ChamberCertify Terms, until VCCI’s consider that the breach or incident has been resolved. We will use reasonable endeavours to notify you of such action, prior to or as soon as practicable after such action has been taken.

       (b) VCCI may suspend processing your application for Documentary Evidence of Origin, if You fail to provide us with the information VCCI requires or You breach the ChamberCertify Platform until the issue or breach has been remedied. We will use reasonable endeavours to notify you of such action, prior to or as soon as practicable after such action has been taken.

7.2 Your rights of termination

       (a) You may terminate your use of the ChamberCertify Platform at any time for any reason, subject to Your obligation to pay all fees for any of your applications for Documentary Evidence of Origin or other use of the ChamberCertify Platform, unless clause 7.2(a) applies.

       (b) You may terminate any application for any Documentary Evidence of Origin without paying a fee for that application, if we have been negligent in the performance of the application and fail to remedy that failure within 7 days of your notice or if we are insolvent.

7.3 Our rights of termination

       (a) VCCI may terminate Your use of the ChamberCertify Platform and all or any applications for Documentary Evidence of Origin upon immediate written notice if Your commit a breach of any material provision of these ChamberCertify Terms and the breach is not capable of remedy or if You breach these ChamberCertify Terms and do not remedy that breach within 7 days of our written notice to You to remedy the breach.

       (b) VCCI may cease to provide the ChamberCertify Platform at any time for convenience without notice to You for any future applications for Documentary Evidence of Origins.

7.4 Notices

You must send notices of termination by email to use at customerservice@victorianchamber.com.au VCCI must send notices to You by email at Your registered email address or by posting them on or through the ChamberCertify Platform

8. General

8.1 Privacy

VCCI will handle any Personal Information collected in connection with the ChamberCertify Platform in accordance with its Privacy Policy, available at https://www.victorianchamber.com.au/legal/privacy-policy.

8.2. Variations

       (a) We may vary these ChamberCertify Terms from time to time by posting an updated version on the VCCI website or by notifying You, or both. Your continued use of the ChamberCertify Platform is Your agreement to these ChamberCertify Terms.

       (b) We will not vary these ChamberCertify Terms in a manner that applies retrospectively to any existing application that you have made using these ChamberCertify Terms prior to us posting an updated version or notifying You of an updated version, that is detrimental to You, unless we are required to do so to comply with Laws and Regulations.

8.3 Questions or Complaints

If You have any questions or complaints, please call our general enquiries line on 03 8662 5333 between 9am to 5pm Monday – Friday (excluding public holidays) or contact us by email, customerservice@victorianchamber.com.au.

8.4 Governing Law

These ChamberCertify Terms are governed by and construed in accordance with the laws of the State of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these ChamberCertify Terms.

9. Definitions

The following words and phrases used in these ChamberCertify Terms have the meanings set out in this clause.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the fair trading legislation.

Certificate of Origin means a specific form issued by VCCI identifying the goods in which VCCI expressly certifies that the goods to which the certificate relates originates in a specific country. This certificate may also include without limitation a declaration by the manufacturer, producer, supplier, exporter, or other competent person.

Certified Declaration of Origin a Declaration of Origin of goods that has been certified by VCCI.

Declaration of Origin means an appropriate statement as to the origin of the goods made, in connection with their exportation, by the manufacturer, producer, supplier, exporter or other competent person on the commercial invoice or any other document relating to the goods.

Documentary Evidence of Origin means a Certificate of Origin or a Certified Declaration of Origin or any other form of documentary evidence of origin that VCCI agrees to process through the ChamberCertify Platform from time to time.

Freight Forwarder means an agent authorised by You and includes employees and representatives of that company.

Intellectual Property Rights means all and any patents, patent applications, trademarks, service marks, trade names, registered designs, unregistered design rights, copyrights, know how, trade secrets, domain names, software code, internet addresses, and any other form of intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same now or in the future.

Laws and Regulations means: (a) all laws including common law, equity, statutes, treaties, regulations, proclamations, ordinances, by-laws, rules, orders, and judgments; (b) all rules, requirements, standards, directions, codes and guidelines of any regulator, governmental or competent authority; and (c) including all of the foregoing relating to the export and import of goods in any relevant jurisdiction.

Personal Information has the meaning given to it under the Privacy Act 1988 (Cth).

Relevant Government Agencies means the Australian Chamber of Commerce and Industry (and any successor organisation), the Department of Foreign Affairs and Trade (and any successor government agency) and any other Australian or State government agency from time to time that performs functions relating to export of goods or for whom VCCI acts as agent in connection with its processing and issuing of Documentary Evidence of Origin.

VCCI Trademarks means the trademarks, service marks, logos, and signs whether registered or unregistered and owned by VCCI.

You means the individual or legal entity or body using the ChamberCertify Platform.