Travel2School App - Privacy, Terms and Conditions

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• Terms and conditions
• Privacy collection notice

Terms and conditions

These terms and conditions apply to the Travel2School app and information and payment services provided by the app (the App).

The App is provided by TransportMe Pty Ltd ABN 47 163 798 641 (TransportMe) for the State of Queensland acting through the Department of Transport and Main Roads to enable users to:

1. track buses and other means of transport provided by transport operators (Delivery Partners) engaged by the Department of Transport and Main Roads to deliver school transport services under the Queensland School Ticketing scheme;
2. access travel, usage and account information concerning themselves or persons for whom they are responsible as a parent or legal guardian; and
3. use smartcards and make payments to Delivery Partners.

You accept these terms and conditions when you download and first use the App. If you download this App as a parent or legal guardian of a user who is below 18 years of age, you also accept these terms and conditions on behalf of the user and are responsible for the user's acceptance of and compliance with these terms and conditions.

When you accept these terms and conditions, you also authorise the collection, use and disclosure of your personal information in connection with your use of the App in accordance with the Travel2School Privacy Collection Notice below these terms and conditions and the Department of Transport and Main Roads Privacy Statement.

If you accept these terms and conditions, the Department of Transport and Main Roads grants you a licence to use the App for the purposes set out in paragraphs (a) to (c) above, on condition that you only use the App for those purposes and only in accordance with these terms and conditions, and subject to clause 12 if you downloaded the App from the Apple App Store.

If you do not accept or otherwise do not agree with these terms and conditions, you should not download, install, access or use the App.

1. USING THE APP

1.1 You must:

1. only use the App and access information via the App via the ordinary functions and operation of the App. You must not misuse the App or try to circumvent any security measures;
2. take reasonable steps to prevent unauthorised access to your account and information stored in the App, including maintaining the confidentiality of any log-in credentials, usernames, passwords or other access security features to the App or your mobile device, and not to enable or permit any other person, electronic application or system to access the information;
3. not use the App to collect personal information about any other person unless you have their express consent to do so, or are lawfully permitted to do so - for example, as a parent or legal guardian;
4. not use this App or any information provided or accessed through this App for any unlawful purposes, or to harass, threaten or stalk any person, or to breach the terms of any custody arrangement, protection order, domestic violence order, or other restraint, or to gain information about any person other than for the intended purpose identified in these terms and conditions; and
5. not attempt to reverse engineer, modify, copy, transfer, sell, disseminate, distribute, decompile, or disassemble any of the data, software, code, information or material made available or accessible.

1.2 You acknowledge and agree that:

1. unauthorised access, use, copying, modification or dissemination of confidential and/or personal information in or through this App may constitute a criminal offence under section 408E of the Criminal Code Act 1899 (Qld);
2. The Department of Transport and Main Roads obligations and responsibilities in relation to travel services provided by bus operators or other Delivery Partners and payments made for those services are limited to any obligations or responsibilities of the Department of Transport and Main Roads under or in connection with the Transport Operations (Passenger Transport) Act 1994 (Qld) or any other applicable law and, in the case of students the Code of Conduct for School Students Travelling on Buses and the School Transport Assistance Scheme conditions. Delivery Partners (and not the Department of Transport and Main Roads) are responsible to you for the provision of travel services and collection and administration of fares (if any). This paragraph 1.2(b) applies regardless of the fact that the Department of Transport and Main Roads is providing this App, or any use of the Department of Transport and Main Roads name or the Queensland Coat of Arms in or in connection with the App;
3. Stripe Payments Australia Pty Ltd ACN 66 160 180 343 is the payment service provider engaged by TransportMe. If you make payments using the App, you will be required to agree to Stripe's terms and conditions, including the Stripe Services Agreement, Privacy Policy, and other applicable terms accessible here: https://stripe.com/au/ssa; and
4. the App is provided free of charge and use of the App for commercial gain is strictly prohibited.

2. CHANGE TO THE APP AND THESE TERMS AND CONDITIONS

2.1 The Department of Transport and Main Roads:

1. may from time to time change or update these terms and conditions, or change, update or improve the App;
2. will not make any change that is unfavourable to you or your use of the App unless the change is reasonably necessary to protect its legitimate interests; and
3. will publish its updated terms and conditions on its website at www.qld.gov.au/transport/public/school/school-transport-assistance/travel-to-school/terms-and-privacy, and you agree that you are obliged to ensure that your use of the App complies with the terms and conditions that are published and in force at the time you use it;
4. will publish its updated terms and conditions on its website at www.qld.gov.au/transport/public/school/school-transport-assistance/travel-to-school/terms-and-privacy and you agree that you are obliged to ensure that your use of the App complies with the terms and conditions that are published and in force at the time you use it;

2.2  A copy of the current terms and conditions is available on The Department of Transport and Main Roads website at www.qld.gov.au/transport/public/school/school-transport-assistance/travel-to-school/terms-and-privacy

2.3 If you do not accept any updates or changes to these terms and conditions or the App, you should stop using and uninstall the App immediately.

2.4 The continued functionality of the App may depend on you downloading relevant updates.

3. COMPATIBLE DEVICES

3.1 The App is designed for Android and iOS mobile devices. Support is provided for Android operating system version 6 and up, and Apple iOS version 12 and up.

3.2 Support is not provided for earlier operating systems or other mobile devices. The Department of Transport and Main Roads may, at its sole discretion, discontinue support for the App, or a particular version of it, at any time and without notice.

4. DATA CHARGES AND ACCESS

4.1 The App requires a functional internet data connection, both for the initial installation and for use.

4.2 Depending on your specific circumstances, your telecommunications provider may charge you a fee for downloading, installing and/or using the App. You acknowledge and agree you are entirely responsible for any such costs.

4.3 The Department of Transport and Main Roads disclaims any and all responsibility for or associated with your arrangements with your telecommunications provider including network access and data allowances.

5. INTELLECTUAL PROPERTY

5.1 You do not own the App or any information that is provided to you through it.

5.2 The licence to download, install and use the App does not, and is not intended to, grant you any interest or right with respect to any intellectual property in the app, associated services or any other information or data.

5.3 The Department of Transport and Main Roads and TransportMe reserve all of their respective rights in the intellectual property residing in the App and the data and information generated or produced by the App, including without limitation, copyright, trademarks and designs.

6. WARRANTIES AND LIABILITY

6.1 Nothing in these terms and conditions excludes any mandatory term implied in these terms and conditions by law, or mandatory consumer guarantees that apply to the App or any other goods or services provided in connection with the App, provided that to the maximum extent permitted by law the Department of Transport and Main Roads liability for any such term or consumer guarantee is limited to (at the Department of Transport and Main Roads option):

1. in the case of goods, including the App (to the extent the App is considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
2. in the case of services – supplying the services again or paying the cost of having the services supplied again.

6.2 Subject to clause 6.1, and to the maximum extent permitted by law:

1. the App is provided 'as is' and the Department of Transport and Main Roads does not expressly or implicitly warrant:
   1. that the App is fit for any particular purpose, including the intended purpose;
   2. the accuracy, reliability, adequacy or completeness of the App or the data and information it contains or provides;
   3. the App will be error free or available for use at any particular time without interruption;
   4. the App will be error free or available for use at any particular time without interruption;
   5. that any website including any third-party app store is free from any viruses or malicious software or code which may be transmitted to a mobile device in connection with the download and installation of the App.
2. The Department of Transport and Main Roads disclaims and excludes all liability for any claim, liability, loss (including loss of profit, revenue, goodwill or business opportunities, damage to reputation and any indirect or consequential loss), damage or expense of any kind, however caused (including by negligence), arising out of or in connection with the App or any information available through the App, including:
   1. your access to, or download, installation or use of the App;
   2. any unauthorised use or access; or
   3. any interruption, error or defect;
3. The Department of Transport and Main Roads does not (and does not accept liability to) verify, validate or otherwise test the accuracy, completeness, currency or suitability of any data you input into, or that is generated through your use of, the App (Data), or any output derived from that Data (Output) for your intended use. You are responsible for the use of any information, Data or Output available through this App. You should make your own enquiries to ensure that the Data, Output or other information provided to, or available through the App is accurate, complete, current and suitable for your intended use; and
4. you hereby release discharge, indemnify and hold harmless The Department of Transport and Main Roads, TransportMe and each of their officers and employees from and against any claim (including by you) which may be brought against or made upon or incurred by any of them in connection with:
1. your use of the App (whether or not that use is for the intended purpose);
2. your breach of these terms and conditions or any law associated with the use of the App; or
3. your infringement of the intellectual property rights or moral rights of any third party.

7. THIRD PARTY SERVICES

7.1 You may be required to use certain third party services (for example, the Apple App Store or Google Play) in order to obtain, install, update, access, use, or continue to access or use the App.

7.2 Your use of third party services may be subject to fees and separate terms and conditions, and you acknowledge that the Department of Transport and Main Roads is not liable for the activities of any such third parties.

7.3 You must comply with any applicable third party terms of agreement when using the App. You are responsible for ensuring that your installation and use of the App does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.

8. TERMINATION AND SUSPENSION

8.1 The Department of Transport and Main Roads may terminate, suspend or discontinue the availability of the App to you without any liability if the Department of Transport and Main Roads:

1. believes that you are, or are likely to be, in breach of any of your obligations under these terms and conditions, or that any person is at risk of loss or harm due to your use or another person's use of the App; or
2. discontinues availability of the App generally.

8.2 The Department of Transport and Main Roads will attempt to notify you of any change to availability of the App but you agree that it will not be liable to you if it does not do so.

8.3 You may cease use of the App at any time.

8.4 You must uninstall the App if the Department of Transport and Main Roads or you terminate or discontinue your use of the App.

9. SUPPORT AND COMMUNICATION

If you have any questions or comments concerning the App, please contact TransportMe (the Department of Transport and Main Roads service provider for the App) by email:

Email: qstsupport@transportme.com.au 

If you have forgotten your App password, you may reset it here: https://transportme.helpscoutdocs.com/article/343-forgot-password

If you have any questions, comments or complaints concerning transportation services or fares, you should contact the relevant bus operator or other Delivery Partner directly.

Your Travel2School App user account is different to the smartcard account provided by your bus operator or other Delivery Partner. If you cannot remember your smartcard username or password, please contact your issuing bus operator or other Delivery Partner, as the Department of Transport and Main Roads and TransportMe do not hold that information.

10. SEVERABILITY

If any part of these terms and conditions is determined to be invalid, unlawful or unenforceable for any reason then that part, to the extent of the invalidity, unlawfulness or unenforceability, will be severed from the rest of the terms and conditions and the remaining terms and conditions will continue to be valid and enforceable to the fullest extent permitted by law.

11. GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of Queensland and the in the event a dispute arises from these terms and conditions you submit to the non-exclusive jurisdiction of the courts of Queensland.

12. APPLE APP STORE

If you obtained the App from the Apple App Store, you and the Department of Transport and Main Roads acknowledge and agree that:

1. this agreement is concluded between you and the Department of Transport and Main Roads only, and not with Apple; and that the Department of Transport and Main Roads, not Apple, is solely responsible for the App and its contents;
2. your licence to use the App is limited to use on any Apple-branded device that you own or control and to permit the use of the Software on Apple-branded devices attached to any accounts associated with you via Family Sharing or volume purchasing as permitted by the Usage Rules set forth in the iOS App Store Terms of Service (which can be viewed at http://www.apple.com/legal/itunes/au/terms.html);
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under these terms and conditions or applicable law;
4. the Department of Transport and Main Roads, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including but not limited to:
   1. product liability claims;
   2. any claim that the App fails to conform to any applicable legal or regulatory requirement; or
   3. claims arising under consumer protection, privacy or similar legislation, including in connection with any use by the App of the HealthKit and/or HomeKit frameworks;
5. in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by the Department of Transport and Main Roads in accordance with these terms and conditions.
6. in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party's intellectual property rights, the Department of Transport and Main Roads, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;
7. Apple, and Apple's subsidiaries, are third party beneficiaries of these terms and conditions; and
8. upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary.

Privacy Collection Notice

1. The Department of Transport and Main Roads is committed to protecting your privacy. The Department of Transport and Main Roads is bound by the Information Privacy Act 2009 (the IP Act) which regulates the way in which Queensland government agencies must manage personal information, and collects and manages personal information in the course of performing its functions and responsibilities in accordance with the requirements of legislation including the Transport Operations (Passenger Transport) Act 1994 (Qld) and other transport portfolio legislation.
2. The Department of Transport and Main Roads privacy statement and this Privacy Collection Notice will apply to the collection, use and disclosure of personal information in connection with your use of the Travel2School app and information and payment services provided by the app (the App).
3. The Department of Transport and Main Roads, Transportme Pty Ltd ABN 47 163 798 641 (TransportMe - The Department of Transport and Main Roads service provider for the App), and transport operators whose services you use in connection with use of the App (Delivery Partners) may collect your personal information in the course of your activation and use of the App, any application for and use of smartcards in connection with the App, and any payments made using the App.
4. Personal information collected may include your name, username, contact details (email), user ID codes, and information about travel, travel times, use of smartcards and the App, your location, payments, and selection of favourite operator. If you have applied to TMR for School Transport Assistance Scheme (STAS) transport assistance, The Department of Transport and Main Roads may also share your name, username, reference ID, parent or legal guardian contact details (email and telephone), transport assistance entitlements and expiry date with TransportMe and relevant Delivery Partners.
5. Your personal information is collected, used and shared for the purposes of:
1. Delivery Partners whose services you use providing you with travel services, smartcards (if any), and processing fares and payments; and
2. The Department of Transport and Main Roads, TransportMe and their technology service providers providing you with the App and, if you receive School Transport Assistance Scheme assistance, administering the School Transport Assistance Scheme.
6. The Department of Transport and Main Roads, TransportMe and relevant Delivery Partners may share such information with each other, for the same purposes.
7. The Department of Transport and Main Roads may also:
1. collect and use such information in a de-identified form for The Department of Transport and Main Roads analytics to manage and support journey planning; and
2. collect or update information as required or authorised by the Transport Operations (Passenger Transport) Act 1994.
8. If you use the App to make payments, you will be required to use Stripe Payments Australia Pty Ltd ACN 66 160 180 343 as the payment service provider engaged by TransportMe and agree to Stripe's terms and conditions, including the Stripe Services Agreement and Privacy Policy, under which Stripe may transfer your personal information outside of Australia.
9. The Department of Transport and Main Roads contracts with Delivery Partners and Transportme include requirements to protect and safeguard personal information equivalent to the Department of Transport and Main Roads obligations under the IP Act. Transportme's contracts with technology service providers used in the provision of the App, including Amazon Web Services, Inc, require all information to be kept confidential and protected by strict technical security standards.
10. If another person (such as a parent or legal guardian of a student) has authority to use the App, that person will be able to access information concerning your use of the App and travel data, including location information and tap on/tap off activities, and to add funds and view smartcard transaction history.
11. Other than as described in this Collection Notice and the Department of Transport and Main Roads Privacy Statement, your personal information will not be disclosed to any other third party without your consent, unless required or authorised to do so by law.
12. If you enable delivery of push notifications by this App the Department of Transport and Main Roads and TransportMe may deliver push notifications to your device that are directly relevant to your use of the App. If you do not wish to receive push notifications you may disable push notification functions in the App settings on your device.
13. The App requires permission to access certain device settings to function. The permissions are displayed in the App Store and Google Play Store, and when you download and install the App. If you choose not to accept any of the permissions, some features of the App may not work.
14. Your bus operator or other Delivery Partner may have its own privacy notices, terms and conditions applicable to its collection and handling of your personal information.
15. You may:
1. delete the App at any time by uninstalling it from your device; and
2. use the App to access, update, amend and delete certain personal information.
16. You may also request:
1. access to and amendment of personal information held by us;
2. deletion of:
   1. personal information held by us in relation to your use of the App; and
   2. accounts created using the App and personal information associated with those accounts,

by using the contact details below.

17. The Department of Transport and Main Roads may decline to provide access to, or amend or delete personal information where the Department of Transport and Main Roads is legally permitted to refuse to do so the Department of Transport and Main Roads will explain the basis for its decision when responding to your request or otherwise within a reasonable time.
18. Reasons for refusal may include, but are not limited to, where access, amendment or deletion would be:
1. inconsistent with our obligations to maintain records under legislation including the Public Records Act 2002; or
2. contrary to the public interest under the Information Privacy Act 2009 or the Right to Information Act 2009.

Contact details

Privacy complaints and requests for access to, amendment or deletion of personal information should be

Post:	Right to Information, Privacy and Complaints Management Department of Transport and Main Roads GPO Box 1549 Brisbane Qld 4001
Email:	privacy@tmr.qld.gov.au

Or you may lodge your complaint or enquiry online through the Department of Transport and Main Roads contact us form.