Terms and Conditions for Queensland Learner Logbook app

Please carefully read these terms and conditions (Terms of Use) for use of the Queensland Learner Logbook App (App).

The App is provided by the State of Queensland acting through the Department of Transport and Main Roads for use by Queensland learner drivers to record supervised driving hours in a logbook in accordance with Part 4 of the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld).

  1. Terms of Use
    1. By installing, registering for or using the App, you agree that you accept these Terms of Use and you agree to abide by them as a legally binding agreement between you and us. Your use of the App constitutes your acceptance of these Terms of Use, which takes effect each time you use the App. If you do not agree with these Terms of Use, you must cease using the App and immediately remove the App from your mobile device.
    2. The App is owned and provided by the State. The State reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the App to incorporate new Terms of Use, at any time without notice. All changes are effective from the date they are posted and your continued use of the App will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you use the App.
    3. You also agree to and must comply with the following, which form part of these Terms of Use, relating to your use of the App, our websites you access through the App and information which you access:
    4. In these Terms of Use:
      • the expression ‘user’, ‘you’ and ‘your(s)’ refers to the learner driver accessing and using the Learner Logbook App.
      • the expression ‘we’, ‘us’, ‘our’ and ‘the State’ means the State of Queensland acting through the Department of Transport and Main Roads.
      • the expression ‘App’ means the Learner Logbook App including the associated technology, system, database and data storage arrangements.
      • the expression ‘Data’ means the data entered by you when using the App and includes journey data and hours and other information as entered, downloaded and generated by or through the systems associated with the App including the logbook, reports, emails and SMSs in any form.
      • the expression ‘the Act’ means the Transport Operations (Road Use Management) Act 1995 (Qld) .
      • the expression ‘the Regulation(s)’ means Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld).
      • the expression ‘chief executive’ has the meaning given to that term in the Act and the Regulations.
      • the expression ‘mobile device’ means a mobile phone or tablet.
      • any other expression in these Terms of Use as defined in the Act and Regulations has the meaning as stated in those laws.
      • a reference to any legislation or regulation includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them.
      • specifying anything after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included unless there is express wording to the contrary.

  2. Use of the App
    2.1 Use
    1. To use the App you must be:
      1. a Queensland learner driver aged 16 years or over
      2. the holder of a Queensland class C learner licence; and
      3. if you a minor under the age of 18 years, you must have the consent and permission of your parent or guardian to use the App and agree to these Terms of Use; and
      4. you must be registered to use the App.
    2. Your right to use the App is personal, for non-commercial use and may not be transferred or sub-licensed.
    3. To use the App you must have a mobile device with a compatible operating system. We may change mobile device requirements for the App from time to time.
    4. You may use the App to enter and update your Data including your supervised driving hours and details, your supervisor verification details and vehicle details and to view information and material provided by us associated with the logbook as stated in these Terms of Use. You may not use the App for any other purpose.
    5. You may enter details of more than one supervisor and vehicle and references in these Terms of Use to your supervisor refers to all your supervisors.
    6. You acknowledge that you have no rights in, or to, the App or technology used or supported by the App, other than the right to use the App in accordance with these Terms of Use.

    2.2 Limitations of Use
    You must:
    1. use the App in accordance with these Terms of Use;
    2. not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the App in any way whatsoever;
    3. not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, including hacking into or inserting malicious code, including viruses or harmful data, into the App and the Data or doing any act to unlawfully delete or otherwise misuse Data;
    4. not use the App in any way that could damage, disable, overburden, impair or compromise the App and the Data;
    5. comply with all applicable laws and regulations relating to the use of the App or associated with the App including the Act and Regulations; and
    6. not enable or permit any other person, electronic application or system to access or use your Data through the App.

    2.3 Electronic notifications
    1. You will receive email or SMS notifications associated with the App or your logbook, which may include notifications of changes to the App, details of the Data you enter into your logbook and any other relevant driver, supervisor, logbook or driver licence related information provided by us (Electronic Notifications). The App will generate Electronic Notifications by sending emails to your nominated email address or SMS messages to your nominated mobile number and you acknowledge and consent to receipt of these Electronic Notifications.
    2. We will not be responsible or liable for any costs or damages incurred by you not receiving Electronic Notifications or by the insufficient operation of your internet service provider, email account or mobile provider.

    2.4 Suspension and termination
    1. We reserve the right to do all or any of the following at any time for any reason with or without notice:
      1. terminate, suspend or amend the service we provide on the App and its use;
      2. terminate operating or providing the App or its use; and
      3. terminate this agreement.
    2. We may also suspend or terminate your use of the App and any service we provide on the App at any time, with or without notice, if you breach the Terms of Use.
    3. At any time you may terminate this agreement by ceasing all use of the App and removing the App from your mobile device.
    4. Provisions of the Terms of Use which are expressed or implied to survive termination of this agreement will continue to apply following termination of this agreement.

    2.5 Intellectual Property
    1. The State is the owner of the App (subject to any third party rights). All intellectual property in the App and information and material published on the App is owned by, or licensed to, the State. You obtain no interest in this intellectual property. All content in the App, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Australia. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the App or any of its components.
    2. The State is the owner of all Data and grants you a non-transferable, non-exclusive, revocable, fee free licence (excluding right of sub-licence) to use, update and download the Data only for the purposes permitted under these Terms of Use.
    3. You agree that the State may use, retain, copy or otherwise deal with the Data in connection with the State’s functions, subject to compliance with privacy legislation.

    2.6 Privacy
    1. The State protects, collects and manages your personal information in accordance with the Information Privacy Act 2009 (Qld) .
    2. You acknowledge that information about you and your supervisor, including information provided to us when installing and registering to use the App and the Data you enter will be held by the State. You must obtain the consent of your supervisor prior to providing his or her details and his or her consent to use of his or her personal information in accordance with the Terms of Use.
    3. Personal information is collected by us for the purpose of providing the App under the Transport Operations (Road Use Management) Act 1995 (Qld) to determine if the learner driver has completed the 100 hours on-road supervised driving experience requirement before being eligible to take the practical test for the granting of a Queensland provisional licence. This app will also assist in verifying the 100 hours on-road experience has been supervised by a licence holder who meets the requirements to be a supervising driver.
    4. Email addresses and mobile numbers provided to us will be used to send electronic notifications by email or SMS.
    5. All personal information collected via the App may be disclosed to relevant third parties such as law enforcement agencies and interstate driver licensing authorities.
    6. Personal information will be securely stored by us and our third party providers including through cloud service providers who will encrypt, save and store your personal information in their systems.
    7. The State will not disclose your personal details to any other third party without your consent unless required to or authorised by law.
    8. For further information on how to gain access to your personal information, how we use your personal information, provision of contact details or other privacy matters, please see our Privacy Statement.
  3. Data
    1. By using the App, you agree:
      1. Data entered by you using the App must be true, accurate and complete.
      2. Data you enter using the App, must not contain any material which:
        • is or is likely to be defamatory of any person;
        • is or is likely to be obscene, offensive, hateful or inflammatory;
        • promotes sexually explicit or violent material;
        • promotes discrimination including based on race, sex, religion, nationality, disability, sexual orientation or age;
        • infringes any copyright, database right or trade mark of any other person;
        • is or is likely to deceive any person;
        • is or is likely to be in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
        • promotes any illegal or unlawful activity or advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
        • threatens, abuses or invades another's privacy;
        • causes annoyance, inconvenience, nuisance or needless anxiety;
        • is likely to or does harass, upset, embarrass, alarm or annoy any other person;
        • impersonates any person, or misrepresents your identity or affiliation with any person;
        • gives the impression that any of the above emanates from us (if this is not the case); and
        • is or is likely to bring us into disrepute including as a result of your acts or omissions.
    2. You agree to be responsible for your own use of the App and you must ensure that the Data in the App and your logbook is complete and accurate.
    3. You agree:
      1. we have no obligation to check, verify or manage the entry of your Data and your logbook created when using the App at any time, this is your responsibility;
      2. once you have entered all Data and completed your logbook and all other requirements in accordance with the Act and Regulations, you may submit an application under the Regulations for approval of your logbook by submitting your logbook to the chief executive for approval; and
      3. when your logbook is given to the chief executive for approval your logbook becomes the property of the State.
    4. If you are 25 years or over and use this App you are not required to submit a completed logbook for approval.
  4. Exclusion or warranties, liability, etc.

    4.1 Exclusions of warranties
    1. All content and services on or available through the App are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion, in respect of the App or its content.
    2. To the maximum extent permitted by law, the State excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
      1. any material and/or information (including Data) or through in the App;
      2. the performance, functionality and availability of the App at any time and for any period;
      3. the loss, damage, corruption or degradation of any Data or other material as a result of the use of the App;
      4. the Data you enter into the App being available and accessible at any time and for any period; and
      5. the Data you enter into the App being suitable and sufficient to meet the logbook requirements (including approval by the chief executive) under the Act and Regulations.
    4.2 Exclusion of liability
    To the maximum extent permitted by law, the State excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
    1. the use of, reliance on, or action taken as a result of, any information or material in the App and the Data;
    2. accessing, displaying and using the App and Data;
    3. any interruption, suspension or termination of the App and access to the Data in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network;
    4. the unavailability, unsuitability and non-connectivity of third party content; and
    5. any loss, damage, corruption or degradation of any data or other material as a result of the use of the App and Data and or viruses or other technologically harmful material that may infect your computer or device due to your use of the App and the Data.
    4.3 Your risk
    1. You access the App and Data at your own risk and the State accepts no responsibility for any interference, loss, damage or disruption to your own computer or mobile device or otherwise which arises in connection with your use of the App and Data.
    2. You must take your own precautions to ensure that the process which you use to obtain access to the App and Data does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer or mobile device or otherwise cause you or any person loss, damage or corruption.

    4.4 Release from claims
    1. You waive, release, forgive, discharge and relinquish any and all claims that you may have against the State, its related and officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the App and Data including but not limited to downloading any information and materials (including Data) in or from the App.
    2. You release and indemnify the State, its related its related entities and officers, employees, contractors, agents and representatives (“those indemnified”) from and against:
      1. any loss or damage or liability for any loss or damage incurred by you; and
      2. any loss, liability, claim, demand, damage or expense (including legal fees) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:
        • your use of the App and Data;
        • your use of or reliance on information contained in or accessed through the App and the Data; and
        • breach by you of the Terms of Use.

    4.5 Software viruses
    Without limiting the above, the State does not warrant that the App, information and or material (including Data) is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, the State excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.

    4.6 Downloadable material
    We make downloadable materials (including Data) available under the following conditions:
    1. Downloadable material within the App (including Data) is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect the Data, mobile or computer device and software systems and those of any other person.
    2. You agree that we will not be liable to you for any loss, injury or damage however caused (including by negligence) that arises in any way from the use of the downloaded material (including Data).
    4.7 Logbook legal requirements under Act and Regulations
    We make no representation, warranty or endorsement of any kind that by using the App you will achieve your mandatory logbook hours nor that you will automatically satisfy all requirements in respect of a logbook and the requirements of the Act and Regulations. We reserve the right to verify the accuracy of the Data provided including that the verification of logbook entries have been properly made by your supervisor.

    4.8 Interstate Licensing Authorities
    The App provides functionality for you to download Data and provide this to interstate licensing authorities. Interstate licensing authorities apply their own laws and regulations to driver licensing and you are responsible for ensuring that you comply with the relevant laws and regulations. We make no representation, warranty or endorsement of any kind that by using the App the Data you provide to interstate licensing authorities will meet their requirements.

    4.9 Exclusion of liability – scope
    The exclusion of liability applied to these Terms of Use as set out in this clause 4 applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the State and/or Queensland Government has been notified of the possibility of such loss or damage.

    4.10 Your contribution to loss
    You agree that any legal liability on the part of the State will be reduced by the extent, if any, to which you contributed to the loss.

    4.11 Non-excludable liability (if any)
    These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
  5. General

    5.1 Governing law
    These Terms of Use shall be governed by and construed in accordance with the laws in force in the State of Queensland, Australia.

    5.2 Jurisdiction
    These Terms of Use shall be governed by and construed according to the laws in force in the State of Queensland, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.

    5.3 Entire agreement
    This agreement, together with other documents referred to in it, constitutes the entire agreement between you and us relating to the App and the Data.

    5.4 Severability
    The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.

    5.5 Invalid or unenforceable provisions
    If a provision of these Terms of Use is found by a court of law to be invalid or unenforceable:
    1. it is to be read down or severed to the extent of the invalidity or unenforceability; and
    2. that fact does not affect the validity or enforceability of the remaining provisions.

    5.6 No waiver
    No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.

    5.7 Contact Details
    Should you have any questions regarding the Terms of Use please contact the App administrator on 13 23 80.
  6. Third party content
    1. The App may contains links to third party content including mobile applications owned and operated by third parties, who are not under the control of the State and/or Queensland Government.
    2. The State does not approve, endorse, recommend or sponsor this linked content, their owners or operators, or any information, graphics, materials, products or services referred to or contained on those linked content, unless specifically stated.
    3. The State is not responsible for the content of linked content and makes no representation as to the accuracy of any material on these Apps or mobile applications.

The State, to the maximum extent possible, excludes liability for any loss suffered as a result of use of linked content, or reliance on the information contained within. The terms and conditions, terms of use and privacy policies of that linked content will apply to your use of that linked content.