Transport and Main Roads online services: Terms and conditions
1. Agreement
The Department of Transport and Main Roads ('TMR') provides online services for the convenience of its customers.
There are some transactions that are only available at a Customer Service Centre.
Before you use the site you must carefully read these Terms and Conditions of Use.
If you do not agree to the Terms and Conditions of Use, then you must not use, or continue to use, this site and you must attend a Customer Service Centre.
Your use of the site is conditional upon your acceptance and compliance with the Terms and Conditions of Use. You will have accepted and be bound by these Terms and Conditions of Use if you:
- continue to use the site and use the online services
or - explicitly accept these Terms and Conditions as a part of completing a transaction.
By using this site or the online services, you also represent that you have the legal authority to accept these Terms and Conditions of Use on behalf of yourself or any person or entity that you represent in connection with your use of the online services.
2. Security
Transport and Main Roads' online services are on a secure site and information you submit is treated as private and confidential. Although 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.
3. Terms and Conditions of Use
3.1 Definitions and Interpretation
| Term | Definition or Interpretation |
|---|---|
| "TMR", "we", "us", and "our" | Department of Transport and Main Roads and its officers, employees, agents and contractors |
| "you" and "your" | the person or legal entity |
| "your system" | the computer system you use |
| "online service" | the information and transactions available on the site |
| "financial institution" | a body corporate with an authority to undertake banking business under the Banking Act 1959 (Cth) |
| "website" or "the site" or "this site" | the TMR website portal including associated equipment, programs, services and systems provided by us or our Service Providers to allow you to use the online services and provided by us and our Service Providers. |
| "Service Provider" | a Queensland Government Department, or other Government or non-government body contributing to this site |
| "transaction" | the purchase of a service, product or information |
| "use" or "use of this site" or "using this site" | your access to and use of any online service provided by us and our Service Providers |
| "these Terms and Conditions" | the Terms and Conditions of Use |
| a singular term | includes the plural |
| a plural term | includes the singular |
3.2 Other Documents
These Terms and Conditions include the following documents:
- Privacy statement
- Disclaimer
- Copyright statement
and - Security statement.
In the Privacy statement, Disclaimer and Copyright statement, references to "this site", "Transport and Main Roads website", "this website" and "our website" means "this site" as defined in these Terms and Conditions.
3.3 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 or online services at any time at our discretion without reference to you.
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 from midnight on the date of change and will apply to your use of this site.
Your continued use of this site after any changes to these Terms and Conditions indicates that you have read, understood and agreed to those changes.
3.4 Additional terms for specific online services
Some of the online services available through this site may be subject to additional terms and conditions displayed at the time of access. You agree to read and comply with any such additional terms and conditions. By using this site, you are deemed to have accepted and be bound by any additional terms and conditions which apply to those online services.
3.5 Access and Use
To use this site you agree:
- to recognise the electronic record made by us of any transactions you perform using the online services
- to only use this site for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use of this site by any third party
- not to use another person’s personal information or login details to undertake transactions, or to access personal information
- not to use this site for any dishonest, fraudulent, misleading or malicious purpose
- not to impersonate or falsely represent that you are any other person or entity
- not to undertake transactions on behalf of another person or entity without their explicit authority
and - not to use this site to access the personal information of any other person without their explicit authority.
You acknowledge that:
- you may be required to indicate your acceptance and approval of information contained in any forms you submit online
and - we intend to rely on any forms and attached documents which you submit online as if they were received with your signature in hardcopy form.
- have performed an unauthorised transaction
- have breached these Terms and Conditions
or - are no longer eligible or authorised to access this site.
This site is made available only for your personal use 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.
3.6 Provision of your information
You agree and declare that all information you provide to us is true and correct. You must not provide false or misleading information to us as that may result in the cancellation of your transaction, the forfeit of any associated payment and your prosecution.
It is your responsibility to verify that all information provided in a transaction is correct before you complete the transaction. We will not be liable to you or any third parties for any loss or damage suffered arising from the inaccuracy or incompleteness of information provided by you or for any action taken by us in reliance upon that information.
3.7 Payments
All dollar amounts quoted on this site are in Australian Dollars (AUD).
You acknowledge and agree that if you make payments on this site using an accepted credit or debit card, you will be charged a card surcharge. The 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.
In using this site, you agree to abide by the terms and conditions imposed by your financial institution and to pay the amount and associated fees in relation to a transaction you authorise on this site. If a payment is not honoured by your financial institution, we will reverse the transaction and record the transaction as a failure. We are not liable for any loss or damage you incur in relation to the status of the transaction or service arising from your failure to pay the relevant amount and associated fees.
For example:
- a vehicle registration fee payment is not accepted by your financial institution, if you drive that vehicle you could be charged with driving an unregistered and CTP uninsured vehicle
- you renew your driver licence and the payment is not accepted, if you drive a vehicle you could be charged with unlicenced driving.
3.8 Refund or Forfeit of Payment
When TMR reasonably believes that an online transaction has been made by you in breach of these terms and conditions, then the transaction will be cancelled. Any payment associated with that transaction may at the election of TMR be refunded to you or to a financial institution or forfeited to the State of Queensland ('State').
For example:
- A driving test is booked by a commercial entity in the name of a customer without their authority. TMR will cancel the transaction and forfeit the payments to the State.
- A person completes an application for renewal of their driver licence and does not disclose a new medical condition that precludes the issue of a driver licence. TMR will cancel the transaction and forfeit the payment to the State.
- A person makes a payment using a stolen or fraudulent credit card. TMR will cancel the transaction and refund the payment to the financial institution.
3.9 Login and Security
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 (for example, username and password), then you agree to:
- keep your online access code or other login details confidential and secure
- not disclose your online access code or other login details to any other person
- not to permit any other person to use your online access code or other login details
- immediately change your login details if you believe that those details have been compromised
and - not to access or seek to access this site using another person’s online access code or other login details.
We 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 are not 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.
3.10 Minimum requirements of your system
When you access 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.
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 any specific times.
We use cookies to keep track of what you put into your cart. 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.
3.11 No Warranties or Representations of Access
We do not warrant nor represent that:
- your system will meet the minimum requirements to enable your access to or use of this site or online services
- materials and information provided on this site are accurate, complete or suitable for any purpose
- this site is free from any viruses or defects
- your use of this site or online services will be continuous or uninterrupted
- this site or online services in this site are appropriate or available for use in countries outside Australia
and - the operator or content of any other website which you may access through this site is accurate, reliable or appropriate in any way.
We are not liable to you or third parties for:
- your system becoming incapacitated from use of this site
- interruptions or delays to the online services whether beyond our control or not
- any non-compliance with foreign and local laws if you use this site outside Australia
- your use of other websites which you may access through this site
- your system being infected by viruses, worms, trojan horses and other malicious software,
except to the extent, if any, where we may not be able to lawfully exclude such liability.
3.12 Disclaimer of liability
To the extent permissible by law, we disclaim and exclude any terms and conditions implied by law relating to any loss or damage that may be suffered by you from using this site.
We also disclaim and exclude to the extent permissible by law all warranties, express or implied, 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 the resupply of the information or transaction including the cost of that resupply.
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 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.
3.13 Indemnity
You agree to indemnify us from and against all actions, proceedings, claims, demands, costs, losses, damages or expenses and any direct, indirect, incidental or consequential loss or damage, including those arising out of the terms of any settlement, that may be brought against us by a third party arising out of or as a consequence of any breach of this agreement by you or any wilful, unlawful, or negligent act or omission by you relating in any way to this site.
3.14 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.
3.15 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.