Terms & Conditions of use for Roundtrip
This App is a third party app and has been developed by Eat More Pixels (Developer). Transport for NSW (TfNSW) and Roads and Maritime Services (Roads and Maritime) have endorsed this App for use by NSW learner drivers as an alternative to using a manual Learner Driver Log Book. The App is linked to the Roads and Maritime licensing data to verify learner and supervising driver eligibility and to submit completed learner driver logbook requirements to Roads and Maritime. The completed hours and learning goals must be confirmed and submitted to Roads and Maritime at least 48 hours before the date of a driving test.
1. General Terms
The expression ‘user’, ‘you’ and ‘your(s)’ refers to the learner driver who installs, registers, accesses and/or uses the App.
The expression ‘we’, ‘us’, ‘our’ means the Developer.
The expression ‘supervising driver’ refers to all your supervising drivers including coaches at a Safer Driver Course and instructors.
The expression ‘facilitator’ refers to the in-class room facilitator at a Safer Driver Course.
The expression ‘App’ means Roundtrip including the associated. technology, system, database and data storage arrangements.
The expression ‘Data’ means all information, including personal information, in connection with the use of the App and includes (without limitation) journey data and hours and other information as entered, logged, 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 Road Transport Act 2013 (NSW).
The expression ‘the Legislation’ means the regulations made under the Act, including the Road Transport (Driver Licensing) Regulation 2008 and Road Rules 2014 (NSW).
The expression ‘mobile device’ means a mobile phone or tablet.
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 will not limit what is included unless there is express wording to the contrary.
2. Use of the App
a. To use the App you must:
i. be a holder of a New South Wales class Clearner licence aged 16 years or over;
iii. register to use the App; and
iv. update it when a new release is available. This will ensure that you have the latest version of the app that complies with the Act, the Legislation and Roads and Maritime’s requirements.
b. You may use the App to;
i. Enter, update and view your driving hours data and vehicle details;
ii. View information and material provided by us associated with the digital logbook;
iii. Enter the details of one or more supervising driver and/or vehicle; and
iv. Enter the details of a completed Safer Driver Course and the respective facilitator.
c. You may not:
i. use the App in any way that breaches any applicable local, national or international law or regulation;
ii. use the App in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
iii. rent, lend, sell, redistribute or sublicense the App;
iv. copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works the App;
v. interfere with, damage or disrupt any part of the App, or any equipment or network on which any data collected via the App is stored;
vi. Use the App for commercial or other non personal purposes without our specific written consent.
3. Limitations on Use
a. not touch or leave the mobile device in a cradle fixed to the vehicle while driving, including when the vehicle is stationary but not parked.
b. not use the App after activation while driving, including when the vehicle is stationary but not parked. You must park the vehicle out of the line of traffic to use the App.
d. not use the App in any way that could damage, disable, overburden, impair or compromise the App and the Data;
e. not enable or permit any other person, electronic application or system to access or use your Data through the App.
a. Collect and use personal data and related information in accordance with our Privacy Statement;
b. Collect and use technical data and related information, including but not limited to information about your smart phone device, system application software, and peripherals, which is gathered periodically to facilitate the provision and updating of the App.
c. Withdraw the use of the App, on a temporary, or permanent basis where we in our absolute discretion believe there may have been a breach of any obligation under this agreement ;
d. Withdraw the App from use by the public for any reason whatsoever;
e. Bring legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from a breach of this agreement.
a. By using the App, you warrant that all Data entered by you using the App is true, accurate and complete.
b. You agree to be responsible for your own use of the App and you warrant that the Data in the App and your logbook is complete and accurate.
c. You agree that:
i. we have no obligation to check, verify or manage the entry of your Data and your logbook created when using the App and that this is your responsibility;
ii. you have entered all Data and completed your logbook and completed all other requirements in accordance with the Act, the Legislation and Roads and Maritime’s requirements;
iii. the Data is owned by the Developer; and
iv. the App allows you and your supervising driver to view the Data (including personal information of each other and any facilitator) that is entered into the App.
v. The material displayed on or made available to you via your use of the App is provided without any guarantees, conditions or warranties as to its accuracy;
vi. Subject to any obligations implied by law and which cannot be excluded, we are not liable to you or any user of the App for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential, arising out of or referable to or use or access to the App, howsoever caused, whether in contract, tort or otherwise.
5. Logbook legal requirements under the Act and the Legislation
a. We make no representation, warranty or endorsement of any kind that by using the App you will:
i. achieve your mandatory logbook requirements; or
ii. automatically satisfy all of the requirements in respect of a logbook, the Act and the Legislation.
b. We and Roads and Maritime reserve the right to verify the accuracy of the Data provided and that the entries have been properly entered and maintained by you and your supervising driver and any facilitator.
6. Intellectual Property rights
a. We are the owner of all intellectual property rights in the App. These rights are protected by intellectual property laws and treaties around the world, and all such rights are reserved.
7. Governing Law And Jurisdiction
a. These Terms and Conditions including the Privacy Statement are governed by the laws in force in New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of that State.
8. Privacy Statement
b. The App allows you and your supervising driver to view the Data (including personal information of each other and the facilitator) that is entered into the App.
c. Developer will collect the personal information that you provide on an optional basis, including your suburb, gender and age. The Developer will use this information to deliver improved customer service, advertising and will anonymise and aggregate the information for research purposes to improve road safety outcomes.
d. Developer will provide Roads and Maritime with Data (excluding the personal information that you provide on an optional basis) that may be used for the purposes of validating that you are an eligible learner driver, for validating the details of your supervising driver, to assess the logbook to verify the information recorded shows a minimum of 120 hours (20 hours at night) of completed on-road supervised driving experience, and for auditing purposes. The Data may be retained and used by Roads and Maritime for driver licensing, motor vehicle and road transport safety purposes.
e. Roads and Maritime may disclose the Data provided to it by the Developer to law enforcement agencies, interstate driver licensing agencies, or any other NSW government agency for use by those entities for the same purposes as Roads and Maritime. Roads and Maritime and other NSW government agencies may share the Data with their service providers (including auditors and legal advisers) for the purposes referred to above.
f. You consent to Roads and Maritime validating your licence details and you warrant that you have obtained the consent of your supervising driver to Roads and Maritime validating their respective licence details, with a TRUE or FALSE response to the Developer to ensure the surname, driver licence number, expiry date and driver licence stock number entered into the App are correct and that the learner driver and/or supervising driver are eligible.
g. Your personal information may be disclosed to the Developer’s third party provider, for the purposes of providing a cloud service and encrypting, saving and storing your personal information.
h. Developer may store Data in offshore hosted databases for the purposes of providing the App. The Data is currently stored at Google Firebase data centres which are offered globally around the world with no dependence on a specific location.
i. Providing your personal information and the provision of personal information of your supervising driver and any facilitator is voluntary but if you do not complete the required fields (excluding optional fields) you will not be able to use the App.
k. Other than as described in this Privacy Statement the Developer will not disclose your personal information without your consent unless authorised by law.
l. You can make a privacy complaint by contacting the Developer as set out below. The Developer will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event you are not satisfied with the resolution provided, you can make a complaint to the Information Commissioner at www.oaic.gov.au. The Developer is also required to notify Roads and Maritime of any privacy complaint.
m. Your personal information will be held by the Developer and you can contact the Developer on the Roundtrip app website to access or correct it.
n. The Data (excluding personal information) is owned by the Developer.