PTSS app terms and conditions

1. General

The Terms and Conditions set out below, together with the disclaimers, notifications and content in the PTSS App (the “App”) and any links referred to in this document explains the Terms and Conditions (“Terms”) for use of the App.
By using the App you agree to these Terms and Conditions.
The App is provided by the State of Western Australia acting through the Department of Transport (ABN 27 285 643 255) for use by authorised Western Australian passenger transport drivers transporting passengers for hire or reward that are entitled to receive a subsidised fare under the Passenger Transport Subsidy Scheme (PTSS) in accordance with the Transport (Road Passenger Services) Regulations 2020.

2. Interpretation
In these terms:

“us”, “our”, “we”, “the Department” or “the State” means the State of Western Australia, acting through the Department of Transport;
“you” “your(s)” and “user” means anyone who installs, registers for, accesses or uses the App or the website provided by us, including DoTDirect;
“the Act” means the Transport (Road Passenger Services) Act 2018 (WA);
“the Regulations” means the Transport (Road Passenger Services) Regulations 2020 (WA)
“App” means the PTSS App including the associated technology, system, database and data storage arrangements;
“App Account” is an electronic account which is created when a person uses the PTSS App by logging in with their DoTDirect credentials;
“data” means all information, including personal information entered by you when using the PTSS App and includes, without limitation, passenger transport driver authorisation number, vehicle licence number, on-demand booking service number, driver’s licence number, PTSS participant card number, date and time of each trip GPS location data of journey, images captured when using the App of PTSS participant cards and images of the user themself, mobile device information, and other information as entered, downloaded and generated by or through the systems associated with the App;
a reference to “DoTDirect” means the self-management online system operated by us https://www.transport.wa.gov.au/dotdirect/dotdirect.asp;
"DoTDirect” is an online service provided by the Department for individuals and businesses to manage their Department-related transactions online.
“DoTDirect account” is an electronic account created when a person uses DoTDirect;
“driver” means a person who holds a PTD authorisation granted under section 96 of the Act or person has been granted an interstate driver authorisation that meets the conditions of regulation 80 of the Regulations;
“PTSS Participant” means a passenger who is entitled to receive a subsidised fare under the PTSS in accordance with the Regulations:
“PTSS Trip” means any trip recorded in real time, whether the device on which the App is used was online or offline;
“mobile device” means a mobile phone or tablet computer;
“Vehicle” means a vehicle as defined in the Road Traffic (Administration) Act 2008 which is driven to transport a passenger, and has a passenger transport vehicle authorisation issued in relation to it that may be held by the driver or any other person or organisation;
a reference to the “website” means https://www.transport.wa.gov.au/index.asp ;
any other expression in these Terms that is 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; and
specifying anything after the words ‘includes’ does not limit what else is included unless there is express wording to the contrary.

3. User Agreement

The State reserves the right to amend, modify, add, delete and make corrections to these Terms or by updating the App to incorporate new Terms at any time without notice. All changes to the Terms are effective from the date you accept them on the App.
You agree to and must comply with the terms listed under the heading ‘’Terms of Use’, which forms part of these Terms, relating to the use of the App, our websites you access through the App and information which you access: Our website (transport.wa.gov.au).
You are responsible for ensuring that no other person uses the App through your DoTDirect account.

4. Use of the App

To use the App you must:
1. be the holder of a valid Western Australia passenger transport driver authorisation;
2. receive passenger transport service bookings from an authorised on-demand booking service; and
3. be registered with DoTDirect and hold an active DoTDirect account.
Your right to use the App is for personal, non-commercial use and may not be transferred or sub-licensed.
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.
We may not support previous versions of the App and you may be required to update to the latest version to continue using the App.
The App does not support multiple users on a single device. The App should be used on one device per user.
You may use the App to record and submit to us, data relating to trips where you have driven a vehicle for the purpose of transporting a PTSS Participant for the purpose of claiming subsidies, and to view information and material provided by us associated with the App as stated in these Terms. You may not use the App for any other purpose.
We reserve the right to refuse to pay a subsidy or co-payment that’s in relation to a PTSS Trip where the passenger transport driver authorisation is not valid, the passenger transport vehicle authorisation is not valid, the vehicle licence is not valid, the on-demand booking service authorisation is not valid, or any of the details in relation to the trip does not match the booking records/journey data provided to us by the on-demand booking service as required by the Regulations.
Each time you log in to the App, you must select the on-demand booking service you are receiving bookings from. The on-demand booking service authorisation number you select or enter, must match the details on their on-demand booking service authorisation. If you receive a booking from an on-demand booking service other than the one you have selected when you logged in to the App, you must log out and log in again and select the on-demand booking service you are receiving bookings from. We reserve the right to refuse to pay a subsidy or co-payment for a trip if the on-demand booking service’s details are incorrect, or if the on-demand booking service does not hold a valid authorisation.
Each time you log in to the App you must record the vehicle plate number of the vehicle you are driving. The vehicle plate number which is entered into the App must match the details of the vehicle licence. We reserve the right to refuse to pay a subsidy or co-payment that’s in relation to a trip where the vehicle plate number has been entered incorrectly.
Internet connection is required to access your App Account and you will be unable to log in to your App Account where your mobile device is not connected to the internet. Once you have logged in, you will remain logged in for 14 hours unless you log out prior. To ensure you are logged in and able to utilise the App in the event a passenger is entitled to a PTSS-subsidised fare, it is your responsibility to ensure you are logged in to your App Account at all times where you have indicated to the provider of an on demand booking service, by logging into a dispatch or booking system or by other means, that the vehicle you are driving is available for the purpose of transporting passengers for hire or reward.
Internet connection is required to submit PTSS trips to us for verification and payment. Trips recorded while your mobile device is offline will be held locally on the device, and will not be submitted to us for verification and payment until there is connectivity. It is your responsibility to check the status of any trips recorded once connectivity is restored. We will only manually process a claim in exceptional circumstances in our absolute discretion. Any trips that are not successfully submitted to the Department in full will not be entitled to a subsidy or co-payment payment.
Trips recorded while you are offline or during a system outage will not be submitted to the Department until connectivity is restored.
You must not use the App in any way that would constitute an offence under the Road Traffic Code 2000.

5. Limitations of Use
You must:

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

6. Obligations of User

You are responsible for any use of your App Account and DoTDirect account, including the management of passwords.
You must not access or link to, or seek to access or link to, any other person’s App Account or DoTDirect account.
You are solely responsible for the contents of data provided. It is an offence under the Act and the to give information known to be false or misleading. It is an offence under The Criminal Code to intentionally fraudulently gain a benefit for which you are not entitled, and suspected or actual cases of such behaviour will be referred to the Western Australia Police Force.
You assume all risks associated with use of the App and DoTDirect, including risk of your computer or mobile device, software or data being damaged by any malicious computer software (including but not limited to viruses, worms and trojan horses) which might be transmitted or activated via DoTDirect or the App.
You agree:
1. that all material, information and other types of data You have submitted to us will be, to the best of your knowledge, true, accurate and complete;
2. to provide certain, current, complete, and accurate information about you, the on-demand booking service(s) you receive bookings from, and vehicles used for trips as prompted to do so by the App;
3. to keep your DoTDirect account and App Account password secure; and
4. to use the App only for lawful purposes and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of the App by any third party.

7. Suspension or Termination

We reserve the right to suspend or terminate access to, or use of, the App for any reason with or without notice. We reserve the right to suspend or terminate your use of the App, any service we provide on the App and this Agreement, with notice, if you breach any of the Terms of this Agreement. Where the Agreement is suspended under this sub-clause 8(2), and following investigations into the circumstances leading to the suspension, it is found no breach of the Terms has occurred, your use of the App and any services we provide on the App will be immediately restored.
Provisions of the Terms which are expressed or implied to survive termination of this agreement will continue to apply following termination of this Agreement.

8. Intellectual Property Rights

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, videos, 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.
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. This licence will terminate on the termination of this agreement or following any termination as provided under clause 8 of this Agreement.
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.

9. Privacy

You acknowledge that information about you, the on-demand booking service(s) you receive bookings from, and vehicles used for trips, including information provided to us when installing and registering to use the App and the data you enter will be held by the State.
Personal information is collected by us for the purpose of providing the App as a method of submitting PTSS Trips for payment of subsidies and co-payments under the Regulations.
You acknowledge that we are not obliged to use personal information provided by you via the App to update other systems or databases operated by us.
All personal information collected via the App may be disclosed to relevant third parties including law enforcement agencies, interstate authorities that administer an equivalent passenger transport subsidy scheme, or to other persons for road safety purposes. The State will not disclose your personal information to any other third party without your consent unless required to or authorised by law.
We reserve the right to use any information you provide via the App for the purpose of ensuring and investigating your compliance with road safety laws and other legislation.
Personal information will be securely stored by us including through cloud service providers in Australia who will encrypt, save and store your personal information in their systems.
By agreeing to these Terms, you consent to the State’s use of your personal information for the purposes of supplying the App.

10. Data

By using the App, you agree:
1. to be responsible for your own use of the App;
2. that the data entered by you using the App is true, accurate and complete; and
3. that the data entered by you using the App does not contain any material which:
  1. is or is likely to be defamatory of or deceive any person;
  2. is or is likely to be obscene, offensive, hateful or inflammatory;
  3. promotes sexually explicit or violent material;
  4. promotes discrimination including based on race, sex, religion, nationality, disability, sexual orientation or age;
  5. 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;
  6. promotes any illegal or unlawful activity or advocates, promotes or assists any unlawful act such as (by way of example only) copyright or trade mark infringement or computer misuse;
  7. threatens, abuses or invades another’s privacy;
  8. is likely to or does harass, upset, embarrass, alarm, annoy or cause inconvenience or nuisance to any other person;
  9. impersonates any person, or misrepresents your identity or affiliation with any person; or
  10. is or is likely to bring us into disrepute including as a result of your acts or omissions.
You agree that:
1. we have no obligation to check, verify or manage the entry of your data when using the App at any time, this is your responsibility;
2. once you have entered all data and all other requirements for a PTSS trip in accordance with the Regulations, you may submit the data in relation to a PTSS trip to the Department for payment;
3. when the data in relation to a PTSS trip is submitted to the Department for payment, the data becomes the property of the State.

11. Exclusion of Liability

To the maximum extent permitted by law, the State excludes all liability to you or anyone else for any loss, injury or damage (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) of any kind (however caused or arising) relating in any way to the App or DoTDirect including, but not limited to, loss, injury or damage you might suffer 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, or information contained on or accessed through DoTDirect whether or not caused by any negligence on the part of the Department or its agents;
2. accessing, displaying and using the App, DoTDirect or data or your inability to access the App or DoTDirect;
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. any unauthorised access to or use of our secure servers;
5. your failure to keep your password or details for the App Account and DoTDirect account secure and confidential; and
6. any loss, damage, corruption, degradation of or interference with any data or other material as a result of the use of the App, DoTDirect and data including in relation to any malicious computer program (including but not limited to viruses, worms and trojan horses) or other harmful code or communications that may infect your computer or device.
You agree that your access and use of the App, DoTDirect and data is done 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, DoTDirect and data.
You must take your own precautions to ensure that the process which you use to obtain access to the App, DoTDirect and data does not expose you to the risk of malicious computer programs (including but not limited to viruses, worms or trojan horses) or other forms of interference which may damage your computer or mobile device or otherwise cause you or any person loss, damage or corruption.
The State does not warrant that the App, information and or material (including data) is free from malicious computer software (including but not limited to viruses, worms and trojan horses) 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 malicious computer software or defects.
We make downloadable materials (including data) available under the following conditions:
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; and
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).
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.
These Terms do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
The exclusion of liability applied to the Terms as set out in this clause 13 applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the State has been notified of the possibility of such loss or damage.

12. Indemnity

You waive, release, forgive, discharge and relinquish any and all claims that you may have against the State, its related entities 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, DoTDirect and data, including but not limited to downloading any information and materials (including data) in or from the App or DoTDirect.
You release and indemnify the State, 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;
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:
  1. your use of the App, and data or the use of DoTDirect;
  2. your use of or reliance on information contained in or accessed through the App and the data or DoTDirect; and
  3. breach by you of the Terms;
3. the personal injury, illness or death of any person whether direct, indirect or consequential, arising out of or in connection with the use of the App and data or the use of DoTDirect; and
4. any unauthorised use or disclosure by you or your agents of personal information (as defined in the Privacy Act 1988 (Cth)) held or controlled in connection with the Terms.

13. Other Terms

We make no representation, warranty or endorsement of any kind that by using the App you will automatically satisfy all requirements in respect of a subsidy or co-payment claim and the requirements of the Act and Regulations. We reserve the right to verify the accuracy of the data provided.
Any cost incurred in accessing and using the App or DoTDirect, including internet costs, is your responsibility.

14. Entire Agreement
This Agreement, together with the documents referred to in it, constitutes the entire agreement between you and us relating to the App and the data and supersedes all other agreements between the parties relating to the App.

15. Severability
If any part of these Terms are found to be void, invalid, unlawful or unenforceable then that provision or part thereof will be deemed to be severed from these Terms, and the remaining terms and provisions of these Terms will remain in force and constitute the Agreement between you and the State.

16. Waiver
The failure by the State to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver of any rights or provisions under these Terms will only be effective if it is in writing and signed by us.

17. Conflicting Languages
If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.

18. Governing Law
These Terms are governed by and interpreted in accordance with the laws in force in the State of Western Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia.

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