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Transport and Main Roads online services: Terms and Conditions

Transport and Main Roads' online services are on a secure site and information submitted is treated as private and confidential. Before accessing any online services you must carefully read, and agree to, the Terms and Conditions listed below.

If you do not agree to our Terms and Conditions, then you must not use, or continue to use, this site or the online services.

Security

Though we make every reasonable effort to ensure the safety and security of the TMR website and the information you submit to and from this website, we cannot guarantee said safety and security. Find out about the security of the online services.

Terms and Conditions

Definitions and interpretations

"we", "us" and "our" means the Department of Transport and Main Roads (DTMR) and our successors.

"you" and "your" means the legal entity or entities using this site.

"this site" means the equipment, programs, services and systems provided by us or our Service Providers to allow you to use the online services and access the information provided by us and our Service Providers.

"Service Provider" means a Queensland Government Department or instrumentality, or other Government or non-government body contributing to this site.

"use of this site" means your use of all online services and your access to all information provided on this site by us and our Service Providers.

"cookie" means an electronic file which is placed on your computer automatically to retain your preferences for this site so those preferences can be used next time you visit this site. Cookies used on this site are non-harmful and do not attempt to identify individual users. 

Terms of agreement

We are a Queensland Government entity (ABN 39 407 690 291).

Your access to and/or use of this site is conditional upon your acceptance and compliance with these Terms and Conditions.  You will be deemed to have accepted and be bound by these Terms and Conditions if you:

  1. continue to access and use this site, or
  2. explicitly accept these Terms and Conditions before completing a transaction on this site.

By accessing or using this site, you also represent that you have the legal authority to accept these Terms and Conditions on behalf of yourself or any person or entity that you represent in connection with your use of the online services.  You should notify any person or entity that you represent of these Terms and Conditions and its obligations under these Terms and Conditions.

These Terms and Conditions include our:

In the Privacy statement, Disclaimer and Copyright statement, references to "this site", "Transport and Main Roads website", "this website" and "our website" will mean "this site" as defined in these Terms and Conditions.

If there is any inconsistency between these Terms and Conditions and the terms and conditions of the Queensland Government website, these Terms and Conditions will prevail.

Changes to these Terms and Conditions

We have the right to change, add to or discontinue these Terms and Conditions or any feature of this site and online services at any time at our discretion without reference to you by posting the changes online. It is your responsibility to ensure you are aware of any changes to these Terms and Conditions each time you visit this site. Any changes to these Terms and Conditions take effect immediately and will apply to your use of this site from that date on. Your continued access to or use of this site after any changes to these Terms and Conditions indicates that you have read, understood and agreed to those changes.

Additional terms for specific online services

Some of the online services available through this site may be subject to additional terms and conditions displayed on this site from time to time. You agree to read and comply with any such additional terms and conditions. By accessing or using this site to utilise online services, you will be deemed to have accepted and be bound by any additional terms and conditions which apply to those online services.

Your use of this site

In using this site, you agree:

  1. to recognise the electronic record made by us of any transactions you perform using the online services
  2. to only use this site for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of this site by any third party. This includes using another person’s personal information or login details to undertake transactions through, or to access personal information stored on, this site
  3. not to use this site for any dishonest, fraudulent, misleading or malicious purposes
  4. not to impersonate or falsely represent any other person or entity
  5. not to undertake transactions on behalf of another person or entity without their explicit authority, and
  6. not to use this site to access the personal information of any other person without their explicit authority.

You acknowledge that:

  1. you may be required to indicate your acceptance and approval of information contained in any forms you submit online, and
  2. we intend to rely on any forms and attached documents which you submit online as if they were received with signature in hardcopy form. 

We may cancel your access to this site and terminate this agreement at any time and for any reason, including if we believe:

  1. you have performed an unauthorised transaction
  2. you have breached these Terms and Conditions, or
  3. you are no longer eligible or authorised to access this site.

This site is made available only for your personal information or business operations. As a user of this site, you agree not to use this site's data to provide or facilitate direct online access to any other person. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Payments

You agree to pay the amounts and associated fees in relation to the transactions you perform on this site.

In using this site, you agree to abide by the terms and conditions imposed by your financial institution, and pay the amount(s) and associated fees in relation to the transaction(s) you authorise on this site. In the event of a failure to do so, you duly authorise us to reverse the transaction in question and to treat the incident as if it did not occur and we do not accept liability for any loss or damage you incur in relation to the status of the service arising from your failure to pay relevant amount(s) and associated fees.

For example:

  • until the appropriate vehicle registration fees have been paid, then if you drive an unregistered vehicle on the road, you will contravene the law.

You acknowledge and agree that if you make payments on this site using an accepted credit or debit card, you will be charged a credit card surcharge. The credit card surcharge will appear in the payment details as part of the checkout process.

You are responsible for ensuring that any payments you make by credit or debit card are made only using a valid card.  If you pay by debit or credit card, you are responsible for ensuring that you have sufficient funds in your account for the payment.

Login

You may be required to supply some personal details to confirm your identity or to apply for online access when using our online services depending on the service you select.  

We offer various methods for applying to access our online services, including entering an online access code, answering questions and such other additional login methods which we may offer from time to time.

If you elect to access our online services using an online access code or alternative login options (eg username and password), then you agree to:

  1. keep your online access code or other login details confidential and secure
  2. not disclose your online access code or other login details to any other person
  3. not to permit any other person to use your online access code or other login details
  4. immediately change your login details if you believe that those details have been compromised, and
  5. not to access or seek to access this site using another person’s online access code or other login details.

We are entitled to assume that all transactions undertaken using your online access code or other login details were undertaken by you, unless you have informed us that your online access code or other login details were compromised.  We will not be liable for any loss or damage that you may incur as a result of someone else using your online access code or other login details, either with or without your knowledge or consent.

Any failure by you to keep your online access code or other login details secure may result in unauthorised transactions being undertaken or unauthorised access to and use of your personal information which is available through this site.

If you are accessing our online services using personal details or login details which belong to another person or entity, on behalf of that other person or entity, then you confirm that you have the necessary authority to undertake any transactions which you perform on behalf of that other person or entity.  You must only undertake transactions on this site on behalf of another person or entity within the scope of authorisation granted by that third party.

Minimum system requirements

When you access a secure part of this site, your transaction across the internet is protected by Secure Sockets Layer (SSL) encryption. SSL is an industry standard for secure transactions. If your browser does not support SSL, you will not be able to access these services.

We use cookies to keep track of what you put into your shopping basket. When you access this site, a cookie from our web server is placed on your computer automatically. If you wish to use this facility you will need to accept cookies. If you have configured your browser to reject all cookies, however, you will still be able to view information only pages on this site. If you wish to enable cookies you may need to change your internet browser configuration. Refer to the help functions of your browser.

Provision of information

You agree to provide true and correct information to us and you declare that all information your provide is true and correct.  You must not provide false or misleading information to us or it may result in prosecution and civil or criminal penalties.

It is your responsibility to verify that all transaction details are correct before you complete the transaction.  We will not be liable to you or any third parties for any loss or damage suffered as a result of the inaccuracy or incompleteness of information provided by you or for any action taken by us in reliance on that information.

Warranties and representations

We do not warrant or make any representations in relation to your use of this site or any linked websites.  In particular, we do not warrant or represent:

  1. that your system will meet the minimum requirements (as applicable from time to time) to enable your access to or use of this site or online services
  2. that materials and information provided on this site are accurate, complete or suitable for any purpose
  3. that this site is free from any viruses or defects
  4. that your use of this site or online services will be continuous and uninterrupted
  5. that this site or online services in this site are appropriate or available for use in countries outside Australia, and
  6. that the operator or content of any other website which you may access through this site is accurate, reliable or appropriate in any way (please consult our disclaimer for further details).

Your access to and use of this site depends on telecommunications and internet service providers and other external factors and we do not guarantee any minimum speed of transmission data or availability of this site at all times or at any specific times.

We will not be liable to you or third parties for:

  1. your system’s incapacity in using this site
  2. interruptions or delays to this site or the online services whether beyond our control or not
  3. any non-compliance with foreign and local laws if you use this site outside Australia, or
  4. your use of other websites which you may access through this site including in relation to contracting viruses, worms, trojan horses and other items of a destructive nature,

except to the extent, if any, where we may not be able to lawfully exclude such liability.

Disclaimer of liability—information

Please consult our disclaimer for further details.

Disclaimer of liability

We disclaim and exclude, to the maximum extent permissible by law, any terms and conditions implied by law relating to any loss or damage that may be suffered by you as a result of you using this site.

Without limiting the above paragraph, we disclaim and exclude, to the maximum extent permissible by law, all warranties, express or implied, including without limitation any warranty as to the accuracy of any information contained in your personal information.

If the law implies any warranty which cannot be excluded, then to the extent permissible by law, our liability for failure to comply with any such warranty is limited, at our option and as determined by us, to:

  1. the supply of goods or services again
  2. the repair of goods, or
  3. the payment of the cost of having the goods or services resupplied or repaired.

You agree to release us from all liability in contract, or in tort, or pursuant to any other common law or statutory cause of action whatsoever arising under this agreement or in connection with your use of this site, for any loss or damage, including indirect, incidental or consequential loss or damages, whether or not reasonably foreseeable, including but not limited to liability for an entity carrying out, or failing to carry out, any activity described in, or contemplated by, any document published by us relating to this site.

Indemnity

You agree to indemnify us and our officers, employees, agents and contractors (including sub-contractors) ("those indemnified") from and against all actions, proceedings, claims demands, costs (including all reasonable legal costs and all reasonable costs associated with defending those indemnified), losses, damages and expenses, and any direct, indirect, incidental or consequential loss or damage, including those arising out of the terms of any settlement, which:

  1. may be brought against or made upon those indemnified, and
  2. those indemnified may incur on their own behalf or sustain as a result of a third party claim,

    arising out of or as a consequence of

  3. any breach of this agreement by you, or
  4. any wilful, unlawful, or negligent act or omission by you relating in any way to this site.

You acknowledge that this indemnity will continue to take effect after this agreement has been terminated.

Australian units

All dollar amounts at this site are in Australian Dollars (AUD).

Time is provided in Australian Eastern Standard Time (AEST) as it exists in Brisbane, Australia (GMT + 10:00). Please note that Brisbane does not have daylight saving time during summer.

Intellectual property and copyright

Please consult our copyright statement for further details.

Your personal information

Please read the privacy statement for more information about use of your personal information.

Governing law

This agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia.  You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

This agreement

This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

Waiver

None of these Terms and Conditions will be taken to be waived except by written notice signed by you and us.

Severability

If any of these Terms and Conditions are held to be void, invalid, unenforceable or illegal for any reason, that term will be severed from these Terms and Conditions without affecting the enforceability of the remaining terms.

Contact

If you have any questions regarding our terms and conditions or if you encounter any problems with this site, please contact us.

E-Correspondence terms and conditions

Service terms

(a) General

The services are an electronic notification and reminder service only which is provided by us.

The services are provided by us free of charge.

You agree that the information you have provided to us when using the site and registering for and using the services; is true, complete, correct and current at the time it is provided to us.

(b) Applying and registering

You should only apply/register for the services if you:

  • have a secure personal email account; and
  • can access emails sent to your email address; and
  • you have adequate and sufficient internet coverage in the place where you live or work (being the place where you will receive your emails).

If you have any concerns about the security of your email account, your internet coverage or ability to access your emails you should not register for the services.

You may apply for the services:

  • online at the site; or
  • by contacting us in person or by telephone.

If you apply/register for the services:

  • online and do not complete the online registration form or the email address you have provided is not correct or complete; or
  • in person or by phone and do not provide a correct or complete email address;

you may not be successfully registered for the services and we will be unable to provide the services to you.

(c) Confirmation email - successful registration

If you have successfully registered for the services, we will send a confirmation email to your nominated email address within 24 hours from applying, confirming you are registered for the services.

If you do not receive a confirmation email within 24 hours of applying, you may not be successfully registered for the services.  It is your responsibility to either:

  • login to our site to check and re-enter your details in order to re-register for the services; or
  • contact us in person or by telephone. 

If you still have difficulties registering for the service and do not receive a confirmation email, you should contact us to assist you or to request cancellation of your application/registration for the services.

(d) After you are registered for the services

If you successfully registered for the services (when you receive a confirmation email) and while you maintain registration for the service, we will make every effort to provide the service to you at the times indicated on the My e-notices and e-reminders webpage.

While you are registered for the services:

  • you will not receive post or paper copies of any notices and reminders provided electronically by email except where there is an email delivery failure – see (e) Email delivery failures;
  • it is your responsibility to ensure your service registration details (including your email address) remain correct and current at all times;
  • if your details change, you must promptly login and register your new details or you must contact us.
  • if you have any concerns at any time about the security of your email account, your internet coverage or ability to access your emails including because of a change in the place you live or work, you should cancel your registration for the services.  You can cancel your registration after logging in to your ‘My Account’ or if you contact us.

(e) Email delivery failures

E-notices- If we receive notification of an email delivery failure for your e-notices we may automatically attempt to resend the e-notice to your recorded email address. If an email delivery failure continues to occur, we will send a paper copy of the notice by post to your postal address recorded with us.

If we are notified that an e-notice has been sent to an incorrect email address, we will take reasonable measures to assist you to receive your notice by email or by post to your postal address recorded with us.

E-reminders- If we receive notification of an email delivery failure for your e-reminders, we will not attempt to resend the e-reminder to your recorded email address nor to your postal or residential address. You must update your email address in order to receive e-reminders or contact your internet service provider if you have difficulties.

If we are notified that your e-reminder has been sent to an incorrect recorded email address, we will take reasonable measures to assist you to receive your future e-reminders by email.

(f) Cancelling registration

If you want to cancel your registration for the services, you should login to the site or contact us.

If your registration for the services is cancelled, you will receive your notices by post sent to your recorded postal address. If you have not cancelled your service before the generation of the notice you will still receive it by email and not by post.

You will receive a confirmation of cancellation email within 24 hours of the cancellation.  If you fail to receive a confirmation of cancellation email please login to the site or contact us.

We reserve the right to cancel your registration and services at any time at our discretion including if you do not comply with these Terms and Conditions.

Last updated
20 October 2017