Digital Licence App end user licence agreement (Terms and Conditions)
This end user licence agreement (the agreement), including the Digital Licence App privacy notice (the privacy notice), applies to your use of and access to the Digital Licence App and the data and information it contains or provides (the App).
The App is created and developed by the State of Queensland, acting through the Department of Customer Services, Open Data and Small and Family Business (CDSB) and the Department of Transport and Main Roads (TMR), and its contractor, Thales Australia Ltd (the vendor).
You agree to this agreement with CDSB and the vendor, including the privacy notice, by downloading, installing, accessing or using the App.
The first time you use the App after downloading, you will need to use your Queensland Digital Identity (QDI) to verify your identity. If you don't have a QDI already, you will be directed to the QDI website so you can create one, then back to the App to complete onboarding. Creation and use of your QDI is governed by the QDI Terms and Conditions and Privacy Notice.
Using the App
Subject to this agreement, you can use the App to:
- display credentials, licences, permits, authorities or products (Relevant Authorities) in digital form (Digital Authorities) - such as your Queensland driver licence issued by TMR, or other licences or permits issued by TMR or other Queensland Government agencies or third parties (Issuing Agencies) - on your mobile or other electronic device that can use the App and display Digital Authorities (Digital Device), or for online authentication, as permitted by the App (Credential Functionality); and
- read and authenticate Digital Authorities on another person's device (Verifier Functionality), if they agree to show you - such as when you ask someone to prove they're over 18.
The App needs a working internet data connection for installation, to receive updates and notifications, and to add, update and authenticate any Digital Authorities. You can display Digital Authorities while your Digital Device is offline, but the functionality of the App, and the currency or accuracy of any data displayed, may be limited.
Using the Credential Functionality
- Once you download, install and onboard the App, you will be able to access available Digital Authorities through the App. Some Digital Authorities will be added automatically. For others, you may be able to choose the Digital Authorities from those CDSB, TMR or another Issuing Agency makes available in the App, and add or remove them from time to time, subject to any other terms and conditions of the relevant Issuing Agency.
- You can also choose who to show the information in those Digital Authorities to, subject to any legal requirements.
- A police officer or other authorised person may require you to use the App to display a Digital Authority, and to refresh the App.
- It is your responsibility to ensure your Digital Device is working properly and to manage the Digital Authorities on the App. You are also responsible for knowing whether your Digital Authorities are correct and current, and you should not rely on the App for this purpose.
- Penalties may apply if you use the App to display a Digital Authority in a way that is false or misleading.
- If your Digital Device’s screen is dirty, cracked or damaged, or your battery is flat, then using the App generally won't satisfy any requirement under law to carry, produce or present a Relevant Authority.
- When using the Credential Functionality to present any information in the App to any third party for verification, visual inspection or for any other purpose, you consent to share the personal or other information contained in or displayed through the App with that third party. This may include the owners or operators of webpages when you use the App for online authentication.
- You should carry a physical copy of any Queensland Government or other Issuing Agency Relevant Authority:
- unless you are aware of a law permitting you to use the App to display the Digital Authority instead; and
- when you travel outside of Queensland. Using the App outside of Queensland generally won't satisfy the requirement to carry, produce or present a Relevant Authority.
- These terms and conditions apply only to the use and operation of the App. You must ensure that you are aware of other terms and conditions and laws that apply to or are relevant to use of Credential Functionality, as updated from time to time. These include (without limitation):
- Queensland driver licence requirements such as carrying a current medical certificate; and
- requirements applicable to specific Relevant Authorities and Digital Authorities.
- TMR or other Issuing Agencies may prescribe or require you to agree to separate terms and conditions, and provide you with separate privacy notices, in relation to using their Digital Authorities you add to the App. These terms and notices will be brought to your attention as part of the process of adding those Digital Authorities.
Using the Verifier Functionality
- While you can use the Verifier Functionality to check Digital Authorities on another person's Digital Device if they agree to show it to you, you must not misuse their information. You must take reasonable care to prevent the transfer, storage, copying, taking of screenshots, release, and/or unauthorised display of any information of another person obtained in, from or through the App, except to the extent required for legitimate business purposes and with the informed consent of the person, or when required or authorised by law.
General use
- You are responsible for any internet data connection, and for any fees your telecommunications provider may charge you for downloading, installing and/or using the App.
- You must:
- take reasonable care to prevent unauthorised access to the App and personal information stored in the App, including keeping secret any log-in credentials, passwords, PINs or other access security features to the App or your Digital Device;
- comply with all laws when using the App, including any laws about using mobile phones or other devices in a vehicle, and all laws and terms and conditions applying to use of a Relevant Authority;
- only use the App for personal purposes or legitimate commercial, business or government purposes; and
- only download or install the App on a Digital Device you own or are authorised to use.
- If the personal information you provide to CDSB or TMR for the App changes, you must update it within 10 days of the change. CDSB may request confirmation of your personal information from time to time in the App and you must provide this confirmation to CDSB when requested. You must also notify each Issuing Agency of any changes in your personal information relevant to the Issuing Agency's Relevant Authority.
- CDSB, the vendor or another Issuing Agency may provide other ways for you to do things in connection with the App or any Authorities that may be accessed using the App, such as via a website (a self-service portal). To use a self-service portal, you must authenticate your identity as required by the self-service portal before doing so, and comply with this agreement while using it.
- You acknowledge that any updates, changes or modifications made to any information in a self-service portal may not be reflected in the App for a period of time.
- Any information you provide to CDSB or an Issuing Agency via the App, or in a self-service portal, will not be deemed to have been provided in compliance with any requirement under law to provide information until the information has been accepted by CDSB or the Issuing Agency as valid and fit for purpose.
- A fee or payment submitted or provided via the App or a self-service portal will not be deemed to have occurred for the purposes of any requirement under law to provide a fee or payment until it has been recorded in the relevant ICT system of CDSB, TMR or other Issuing Agency.
Other terms and conditions applicable to the App
- The terms, conditions, limitations and restrictions below also apply to your use of the App. You agree to and acknowledge the following:
- Updates, changes and availability
- CDSB may from time to time do any of the following, without notice to you:
- issue updates to the App or new versions of the App. You must install, update and enable any updates or new versions of the App that are mandated by CDSB to continue to use the App;
- update and amend this agreement and the privacy notice. You must agree with the updated agreement and privacy notice to continue to use the App. If you do not agree, you should immediately cease to use the App and remove it from your Digital Device;
- require more personal information or consents from you, due to changes in legislation, policy or business requirements, or other reasons. You must provide the personal information or consents to continue to use the App; and
- modify, suspend or discontinue the App, or access to or support for the App, including any part or version.
- CDSB or a relevant Issuing Agency may:
- update, alter or remove your information or Digital Authorities available through the App; and
- alter or reset the on-boarding processes or requirements for the App or Digital Authorities. You must complete any new, altered or reset onboarding processes to continue to use the App and any affected Digital Authorities.
- CDSB or the vendor or its suppliers may also do any of the following, without notice to you:
- impose limits on certain features and services or restrict your access to parts or all of the App without notice or liability; and
- correct any errors or omissions in any portion of the App or any data or information it contains or provides.
- The App may be unavailable during scheduled and unscheduled maintenance. CDSB, Issuing Agencies and/or the vendor may undertake maintenance activities without notice.
- Compatible devices and supported versions
- The App is designed for Android and Apple iOS Digital Devices. Support is provided for the current Android and Apple iOS operating systems and the two previous major versions. For example, if the current operating systems were iOS v17 and Android 14, then support would be provided for at least iOS v15-17 and Android 12-14 inclusive.
- Support is not provided for earlier operating systems or other Digital Devices.
- The App will be available for download to Digital Devices with appropriate security access features, as determined by CDSB from time to time.
- Restrictions
You must not do or attempt to do any of the following:
- modify or create any derivative works of the App or make copies of the App, other than the copy you need to operate the App on your Digital Device;
- reverse engineer, decompile, or disassemble any of the data, ideas or algorithms made available or accessible in the App;
- ascertain, decipher or obtain the communications protocols for accessing CDSB's, the vendor's or an Issuing Agency's networks;
- gain unauthorised access to any of CDSB's, the vendor's, or an Issuing Agency's services, accounts, computer systems or networks associated with the App;
- rent, resell, lease, sub-license, lend, assign, redistribute or otherwise transfer rights to the App to any third party;
- remove, obscure, or alter any trade mark, logo, copyright or other proprietary notices, legends, symbols or labels in the App;
- use any of CDSB's, the vendor's or an Issuing Agency's services associated with the App in any manner that could modify, interfere with, damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them;
- use any unauthorised third party software that intercepts, mines, or otherwise collects information from or through the App, or facilitate, create or maintain any unauthorised connection to the App;
- use the App to circumvent any security mechanisms, including mechanisms for preventing the unauthorised reproduction or distribution of the content in the App;
- use the App:
- to transmit, directly or indirectly, any unsolicited bulk communications (such as e-mails, voice, photos, video, chat or instant messages);
- for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, malicious, harmful, fraudulent, defamatory, infringing or offensive (including via any support channels or feedback forms);
- in any way that breaches this agreement, any law, or the rights of any third party, including any applicable terms of agreement with a third party (such as your telecommunications service provider agreement); or
- assist a third party to any of the things prohibited by this agreement.
- Your use of the App and intellectual property
- CDSB and the vendor grant to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to download, install and use the App on compatible Apple-branded or Android Digital Devices that you own or control, in accordance with and subject to your compliance with the terms and conditions of this agreement.
- Other than the limited licence above, you do not have any interest or right with respect to any intellectual property in the App, associated services or any other information or data, including any human readable code (source code), or to any of the content accessed or downloaded on your Digital Device using the App.
- You do not own the App or any information that is provided to you through it, including any information obtained by using the App to verify any Digital Authority.
- CDSB, the vendor and each Issuing Agency reserve all their rights in the intellectual property in the App and the data and information generated or produced by the App, including without limitation, copyright and trade marks. Nothing in this agreement restricts, transfers, conveys, encumbers, alters, impairs or otherwise adversely affects CDSB's, the vendor's or any Issuing Agency's ownership or proprietary rights.
- You must not:
- download, display, reproduce, create derivative works from, transmit, sell, distribute or in any way exploit the App except as set out in this agreement;
- use any trade marks, service marks, names, logos, or other identifiers of CDSB, Issuing Agencies or their employees, licensors, independent contractors, providers and other affiliates without the prior written permission of CDSB or the relevant Issuing Agency. You must not use any trade marks, service marks, names, logos, or other identifiers of the vendor or its employees, licensors, independent contractors, providers and other affiliates without the prior written permission of the vendor or the relevant affiliate; or
- use CDSB's, the vendor's or an Issuing Agency's trade marks in, as or as part of your own trade marks or those of any third parties or in a manner likely to cause confusion.
- If you provide feedback or an enquiry to CDSB or the vendor through use of the App, you assign to the relevant entity all intellectual property rights in your feedback or enquiry. CDSB, the vendor and Issuing Agencies may use in any way any comments, suggestions, complaints and other feedback you provide relating to the App.
- The App may include open source or third party software, and your use of the App is subject to any licences or agreements governing such software.
- No warranty
- Except as expressly set out in this agreement and subject to mandatory consumer guarantees under law, the App is provided 'as is' and, to the maximum extent permitted by law, CDSB, the vendor and Issuing Agencies do not warrant:
- that the App is fit for any particular purpose, including the intended purpose;
- the accuracy or reliability of the App or the data and information it contains or provides;
- the sufficiency of personal, credential or any other information provided by any pre-established grouping of information in the App for any scenario, purpose or requirement under law to provide information;
- the App will be error free or available for use at any particular time without interruption;
- the App will meet your requirements; or
- 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 Digital Device in connection with the download and installation of the App.
- No oral or written information or advice given by CDSB, the vendor and/or any Issuing Agency will create a warranty or in any way increase the scope of any warranty that cannot be disclaimed under applicable law.
- If a mandatory term is implied in this agreement by law, or a mandatory consumer guarantee applies to goods or services provided in connection with this agreement, to the maximum extent permitted by law, CDSB's, the vendor's and each Issuing Agency's liability for breach of the term or guarantee is limited, at the relevant party's option, to (a) in the case of goods not of a kind ordinarily acquired for personal, domestic or household use or consumption, either replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and (b) in the case of services not of a kind ordinarily acquired for personal, domestic or household use or consumption, to either resupply of the services or the cost of the resupply of the services. As the App is provided at no additional cost, no refunds apply.
- Limitation of liability and indemnity
- To the maximum extent permitted by law, each of CDSB, the vendor and each Issuing Agency disclaim and exclude 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 its negligence), arising out of or in connection with the App including its download, installation and use.
- You hereby release, discharge, indemnify and hold harmless CDSB, the vendor and each Issuing Agency, 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:
- your use or misuse of the App;
- any use of any functionality to display or disclose any Digital Authority or other personal or credential information included in the App to any person;
- any reliance by you or any person on the accuracy of any information provided in, to or by the App;
- any alleged or actual breach of any of your representations, warranties or obligations set out in this agreement;
- any alleged or actual infringement, misappropriation or any violation of the rights of any other party;
- any alleged or actual violation of or non-compliance with any applicable law, rule or regulation; or
- your negligence or wilful misconduct.
- General
- You represent and warrant to CDSB, the vendor and each Issuing Agency that you have full power to enter into this agreement and perform your obligations under it; that you are the owner or an authorised user of the Digital Devices you use to access the App; that you are authorised to enter into this agreement.
- If any part of this agreement 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 agreement and the remaining terms and conditions will continue to be valid and enforceable to the fullest extent permitted by law.
- This agreement is governed by and construed in accordance with the laws of Queensland. If a dispute arises from this agreement, you submit to the non-exclusive jurisdiction of the courts of Queensland.
- This agreement and any supplemental terms provided to you constitute the entire agreement between you, CDSB and the vendor concerning the subject matter of this agreement; may only be modified by CDSB; and supersede all prior agreements between you, CDSB and the vendor concerning their subject matter. No term or condition of this agreement will be construed adversely to CDSB or the vendor solely on the ground that they were responsible for preparing this agreement.
- TMR and each other Issuing Agency are third party beneficiaries of these terms and conditions and, upon your acceptance of these terms and conditions, the Issuing Agency's Digital Authority being added to the App, or your use of the App in connection with their Digital Authorities (whichever occurs first), will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
- References to the vendor include the vendor's subsidiaries, affiliates and third party suppliers.
- Third party distributors who offer the App may impose their own terms and conditions if you acquire and use the App from them through their application stores, and you must comply with those terms and conditions in connection with your use of the App.
- You consent to CDSB and Issuing Agencies delivering push notifications to your Digital Device to invite you to participate in customer surveys or to issue reminders, notifications and other updates and communications to you. Push notifications may not be related to the Digital Authorities or data contained in the App. CDSB and Issuing Agencies may issue push notifications to your Digital Device, irrespective of whether push notification functionality has been disabled or restricted.
- The App may be configured to report back to CDSB and/or the vendor information relating to computer errors arising in connection with the use of the App, without notice to you.
- Termination
CDSB may, without any liability to you and at any time:
- restrict, suspend or terminate your access to the App in whole or in part, without notice and without any liability to you, with respect to any breach or threatened breach by you of any portion of this agreement, or for any other reason; and
- terminate this agreement.
All provisions of this agreement, except for the licence in section 4 above, survive the termination of the agreement.
- Deletion of the App and your information
You may delete the App at any time by uninstalling it from your Digital Device.
You may delete your QDI account and request CDSB, TMR and other Issuing Agencies to delete other information held by CDSB in connection with your account as specified in the privacy notice and the other privacy notices and policies identified in that notice.
- Terms for Apple App Store users
If you obtained the App from the Apple App Store, you, CDSB and the vendor acknowledge and agree that:
- this agreement is between you, CDSB and the vendor, and not with Apple. CDSB and the vendor, not Apple, are solely responsible for the App and its content;
- your licence to use the App is limited to a non-transferable licence to use the App on any Apple-branded products 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), except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, subject to any other restrictions on using the App in this agreement;
- 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;
- CDSB and the vendor, not Apple, are responsible for providing any maintenance and support services with respect to the App, as specified in this agreement, or as required under applicable law, and 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 product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and 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;
- 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. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and CDSB and the vendor will be responsible for dealing with any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty, in accordance with this agreement;
- 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, CDSB, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;
- you represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and (ii) you are not listed on any US Government list of prohibited or restricted parties; and
- Apple, and Apple's subsidiaries, are third party beneficiaries of these terms and conditions and upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
- CDSB contact details
Telephone: 13 23 80
Email: digitallicence@tmr.qld.gov.au
Mail:
Department of Customer Services, Open Data and Small and Family Business
PO Box 15086
CITY EAST QLD 4002